Ali v. NH State Prison, Warden

Filing 25

ORDER Directing Clerk to Make Service on NH Attorney General as provided in the Agreement on Acceptance of Service. Warden to respond within 30 days. So Ordered by Magistrate Judge Landya B. McCafferty.(dae)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Dominic S. Ali
v.

Civil No. 12-cv-185-JL

Edward Reilly, Warden,
Northern New Hampshire
Correctional Facility
O R D E R
Before the court is pro se petitioner Dominic S. Ali’s
petition for a writ of habeas corpus, filed pursuant to 28
U.S.C. § 2254.

The matter is before the court for preliminary

review to determine whether or not the claims raised in the
petition are facially valid and may proceed.

See Rule 4 of the

Rules Governing Section 2254 cases in the United States District
Courts (“§ 2254 Rules”).
For reasons set forth in the report and recommendation
issued this date, and the May 2, 2013, report and recommendation
(doc. no. 17), the petition shall be served upon Northern New
Hampshire Correctional Facility Warden Edward Reilly, who shall
file an answer or other response to the allegations made
therein.

See § 2254 Rule 4.

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, an

electronic copy of:

this order; the report and recommendation

issued this date; the May 2, 2013, report and recommendation
(doc. no. 17); and the petition and addenda thereto (doc. nos.
1, 8, 12, 14-15, 18 and 23).
The Warden shall answer or otherwise plead within thirty
(30) days of the date of this Order.

The 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 is to be made by mailing the material to the parties’
attorney(s).
SO ORDERED.

__________________________
Landya McCafferty
United States Magistrate Judge
May 20, 2013
cc:

Dominic S. Ali, pro se

LBM:nmd

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