Cutler v. NH State Prison, Warden

Filing 3

ORDER The petition may proceed. See § 2254 Rule 4. The clerks office is directed to serve the New Hampshire Office of the Attorney General, as provided in the Agreement on Acceptance of Service, 1 Petition for Writ of Habeas Corpus - New Case. Answer due within 30 days. So Ordered by Magistrate Judge Landya B. McCafferty.(mm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Kirk Cutler
v.

Civil No. 13-cv-236-PB

Richard Gerry, Warden,
New Hampshire State Prison
O R D E R
Before the court is Kirk Cutler’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
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”).
Petitioner has demonstrated that he has exhausted his state
court remedies as to the four facially valid Sixth Amendment
ineffective assistance of counsel claims asserted in the
petition.

The petition may proceed.

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 and the
petition (doc. no. 1).
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 (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).
SO ORDERED.

__________________________
Landya McCafferty
United States Magistrate Judge
May 22, 2013
cc:

William E. Christie, Esq.

LBM:nmd

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