Payette v. NH State Prison, Warden

Filing 2

ORDER Directing Clerk to Make Service. So Ordered by Chief Judge Joseph N. Laplante.(cmp)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Robert Payette
v.

Civil No. 13-cv-381-JL

Richard M. Gerry, Warden,
New Hampshire State Prison

O R D E R
Before the court is Robert Payette’s petition for a writ of
habeas corpus (doc. no. 1), filed pursuant to 28 U.S.C. § 2254.
The court conducts a preliminary review of habeas petitions to
determine whether the petition is legally sufficient on its
face.

See Rule 4 of the Rules Governing Section 2254 Cases in

the United States District Courts (“§ 2254 Rules”); 28 U.S.C. §
1915A(a).

In undertaking § 2254 Rule 4 preliminary review, this

court decides whether the petition contains sufficient factual
matter, accepted as true, to state a claim to relief that is
plausible on its face and cognizable in a federal habeas action.
See McFarland v. Scott, 512 U.S. 849, 856 (1994) (“Federal
courts are authorized to dismiss summarily any habeas petition
that appears legally insufficient on its face.”).
Service
Payette is represented by counsel who asserts in the
petition that Payette is incarcerated pursuant to the challenged

conviction and that each claim raised in the petition before
this court has been exhausted in the New Hampshire Supreme
Court.

Payette has adequately demonstrated the facial validity

of his petition under § 2254.
Accordingly, the petition shall be served upon respondent
Richard Gerry, Warden of the New Hampshire State Prison.
Respondent shall file an answer or other pleading in response to
the allegations made therein.

See § 2254 Rule 4 (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 Payette’s habeas
petition (doc. no. 1).

Respondent is directed to answer or to

otherwise plead within thirty days of the date of this Order,
and to file the documents required by LR 7.4 sixty days
thereafter.

The answer shall comply with the requirements of

§ 2254 Rule 5 (setting forth contents of the answer).
SO ORDERED.

_______________________________
Joseph N. Laplante
United States District Judge
Date: February 10, 2014
cc:

Thomas J. Gleason, Esq.