Xayamonty v. Fikes

Filing 5

ORDER granting #4 Application to Proceed in District Court without Prepaying Fees or Costs. Respondent(s) to file answer within 30 days of this Order.(Written Opinion) Signed by Magistrate Judge Becky R. Thorson on 7/24/2020. (JGS)

CASE 0:20-cv-01566-ECT-BRT Document 5 Filed 07/24/20 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civ. No. 20-1566 (ECT/BRT)

Khamsay Xayamonty,
Petitioner,

ORDER

v.
Warden J. Fikes, FCI-Sandstone,
Respondent.

IT IS HEREBY ORDERED THAT:
1.

Respondent is directed to file an answer to the petition for a writ of habeas

corpus of petitioner Khamsay Xayamonty within 30 days of this order certifying the true
cause and proper duration of Xayamonty’s confinement and showing cause why the writ
should not be granted in this case.
2.

Respondent’s answer should include:
a.

Such affidavits and exhibits as are needed to establish the lawfulness
and correct duration of Xayamonty’s incarceration, in light of the
issues raised in the petition;

b.

A reasoned memorandum of law and fact fully stating respondent’s
legal position on Xayamonty’s claims; and
c.
Respondent’s recommendation on whether an evidentiary
hearing should be conducted in this matter.

3.

If Xayamonty intends to file a reply to respondent’s answer, he must do so

within 30 days of the date when the answer is filed. Thereafter, no further submissions
from either party will be permitted, except as authorized by Court order.
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CASE 0:20-cv-01566-ECT-BRT Document 5 Filed 07/24/20 Page 2 of 2

4.

Xayamonty’s application to proceed in forma pauperis (Doc. No. 4) is

GRANTED.
s/ Becky R. Thorson
BECKY R. THORSON
United States Magistrate Judge

Dated: July 24, 2020

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