Hammell v. Lakes Region Facility, Warden

Filing 5

ORDER Directing Clerk to Make Service as to Grounds Two, Three and Four as provided in the Agreement on Acceptance of Service. Respondent shall answer or otherwise plead within 30 days of the date of this Order. Signed by Judge James R. Muirhead. (jab, )

Hammell v. Lakes Region Facility, Warden

Doc. 5

Case 1:06-cv-00176-SM

Document 5

Filed 05/26/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Michael Leon Hammell v. Warden, New Hampshire State Prison ORDER Civil No. 06-cv-176-SM

Pro se petitioner Michael Leon Hammell has filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging the constitutionality of his state court conviction and confinement (document no. 1). preliminary review. The petition is before me for

See Rule 4 of the Rules Governing Section

2254 Proceedings ("Habeas Rules") (requiring initial review to determine whether the petition is facially valid and may be served); United States District Court for the District of New Hampshire Local Rules 4.3(d)(authorizing the magistrate judge to preliminarily review pro se pleadings). For the reasons stated in the report and recommendation issued simultaneously herewith, I recommend that the petition be served on the respondent as to Grounds Two, Three and Four. The

remaining claim, Ground One, fails to state a claim upon which

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Case 1:06-cv-00176-SM

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federal habeas relief may be granted, therefore, I have recommended that it be dismissed. Accordingly, I order the petition to be served on the respondent. See Rule 4 of the Rules Governing § 2254 Proceedings Respondent shall file an answer or other See id.

("§ 2254 Rules").

pleading in response to the allegations made therein.

(requiring reviewing judge to order a response to the petition). The Clerk's office is directed to serve the New Hampshire Office of the Attorney General as provided in the Agreement On Acceptance Of Service, copies of this Order and the habeas petition (document no. 1). Respondent shall answer or otherwise The

plead within thirty (30) days of the date of this Order. answer shall comply with the requirements of § 2254 Rule 5 (setting forth contents of the answer).

Upon receipt of the response, the Court will determine whether a hearing is warranted. See § 2254 Rule 8 (providing

circumstances under which a hearing is appropriate). Petitioner is referred to Fed. R. Civ. P. 5, which requires that every pleading, written motion, notice, and similar paper, after the petition, shall be served on all parties. Such service

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Case 1:06-cv-00176-SM

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is to be made by mailing the material to the parties' attorneys. SO ORDERED.

____________________________________ James R. Muirhead United States Magistrate Judge Date: May 26, 2006 cc: Michael Leon Hammell, pro se

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