Schillinger v. NH State Prison, Warden

Filing 61

ORDER Directing Clerk to Make Service. The court directs the clerks office to serve the respondent as provided in the Agreement on Acceptance of Service. So Ordered by Chief Judge Joseph N. Laplante.(cmp)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Greg Schillinger
v.

Civil No. 12-cv-423-JL

Warden, Northern New Hampshire
Correctional Facility
O R D E R
Before the court is petitioner Greg Schillinger’s amended
§ 2254 petition (doc. no. 60), filed by counsel on petitioner’s
behalf, which includes a request that all unexhausted claims be
deleted from this action.

The matter is here for preliminary

review to determine whether the claims raised are facially valid
and may proceed.

See Rule 4 of the Rules Governing Section 2254

cases in the United States District Courts (“§ 2254 Rules”).
The amended petition (doc. no. 60), including only Claims 13 identified therein, is the operative pleading in this case.
The record before the court indicates that those three claims are
exhausted, and that Schillinger is in custody on the conviction
at issue.

Schillinger, through counsel, has stated his intent to

forego seeking federal habeas relief on all other, unexhausted
claims, previously asserted in this action, and requests leave to
drop those claims from this case.

The court grants the request

to delete the unexhausted claims.

Accordingly, the petition, as

amended, may be served.
The court directs the clerk’s office to serve the respondent
as provided in the Agreement on Acceptance of Service.

The

clerk’s office shall serve the New Hampshire Office of the
Attorney General electronic copies of the amended petition (doc.
no. 60) and this order.
The respondent 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.
SO ORDERED.

Joseph Laplante
United States District Judge
Dated:
cc:

February 3, 2014

Jeffrey S. Levin, Esq.

2