Gibson v. MacLaren

Filing 18

ORDER requiring respondent to serve a complete answer on petitioner (within 21 days) and granting petitioner an extension of time to file a traverse or reply brief to the respondent's answer (60 days after receipt). Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
HAMZA GIBSON,
Petitioner,

Civil No. 2:12-CV-15650
HONORABLE GEORGE CARAM STEEH

v.
KENNETH ROMANOWSKI,
Respondent,
________________________/
ORDER REQUIRING RESPONDENT TO SERVE A COMPLETE ANSWER ON
PETITIONER AND GRANTING PETITIONER AN EXTENSION OF TIME TO
FILE A TRAVERSE OR REPLY BRIEF TO THE RESPONDENT’S ANSWER
Hamza Gibson, (“Petitioner”), presently confined at the Chippewa
Correctional Facility in Kincheloe, Michigan, filed a pro se petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2254. Respondent was ordered to file an
answer. On March 23, 2015, respondent filed an answer to the petition and sent
a copy to petitioner.
Petitioner has sent a letter to this Court, indicating that the copy of the
answer that he received from respondent contained only the odd numbered
pages. Petitioner has also provided the Court with a copy of the answer that he
claims he received from respondent, which only includes odd numbered pages.
Petitioner asks this Court to order respondent to provide a complete copy of the
answer to petitioner. Petitioner also asks for an extension of time to file a reply to

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the respondent’s answer once he receives a complete copy.
A state is procedurally required under the general rules of Federal Civil
Procedure to serve a habeas petitioner with its answer to a petition for habeas
corpus. See Rodriguez v. Florida Dep't of Corr., 748 F.3d 1073, 1076 (11th Cir.
2014); cert. denied, 135 S. Ct. 1170 (2015). Because the answer received by
petitioner was purportedly incomplete, the Court orders respondent to provide a
complete copy of the answer to petitioner within twenty one days of the Court’s
order.
The Court will give petitioner sixty days from the date that he receives a
complete copy of the answer to file a reply brief. Rule 5(e) of the Rules
Governing § 2254 Cases, 28 U.S.C. foll. § 2254 states that a habeas petitioner
“may submit a reply to the respondent's answer or other pleading within a time
fixed by the judge.” See Baysdell v. Howes, 2005 WL 1838443, * 4 (E.D. Mich.
August 1, 2005).
IT IS HEREBY ORDERED that respondent shall provide a complete copy
of the answer to petitioner within twenty one (21) days of the Court’s order.
IT IS FURTHER ORDERED That Petitioner shall have sixty (60) days from
the date of the receipt of the full copy of the answer to file a traverse or reply brief.
Dated: April 2, 2015
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
April 2, 2015, by electronic and/or ordinary mail and also on
Hamza Gibson #529234, Chippewa Correctional Facility, 4269
W. M-80, Kincheloe, MI 49784.
s/Barbara Radke
Deputy Clerk

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