Labrecque v. Northern NH Correctional Facility, Warden

Filing 4

ORDER Directing Clerk to Make Service as provided in the Agreement on Acceptance of Service as outlined. Respondent to respond within 30 days of service. So Ordered by Magistrate Judge Andrea K. Johnstone.(dae)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Robert Labrecque
v.

Civil No. 14-cv-503-JD

Edward Reilly, Warden, Northern
New Hampshire Correctional Facility
O R D E R
Robert Labrecque has filed a petition for a writ of habeas
corpus (doc. no. 1),1 challenging his state court conviction and
sentence on the basis that he was denied his Sixth Amendment
right to the effective assistance of counsel at trial.
matter is before the court for preliminary review.

The

See Rule 4

of the Rules Governing Section 2254 Cases (“§ 2254 Rules”); LR
4.3(d)(4)(A).
Background
In his petition, Labrecque alleges that he was convicted of
aggravated felonious sexual assault, incest, and endangering the
welfare of a child in November 2009 and sentenced to, among
other things, a lengthy prison term which he is presently
serving.
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Labrecque has not stated whether, when, or on what

Labrecque challenges his conviction and incarceration
pursuant to a state court judgment. As such, this action is
arises under 28 U.S.C. § 2254, and is so construed for all
purposes.

grounds, he litigated a direct appeal of his conviction in the
New Hampshire Supreme Court (“NHSC”).
In December 2013, Labrecque filed a petition for a writ of
habeas corpus in the state Superior Court in which he argued
that his trial counsel had failed to provide him with the
effective assistance of counsel.
Labrecque’s petition.

The Superior Court denied

Labrecque appealed the denial of his

state habeas petition to the NHSC.
on October 23, 2014.

The NHSC declined the appeal

This action followed.

Without comment on whether the claims herein have been
properly exhausted, or the timeliness of the petition, the court
finds that the petition may proceed at this time without
prejudice to the respondent’s ability to move to dismiss the
petition on any proper basis.

Accordingly, the court directs

service of the petition on the respondent, as described below,
pursuant to § 2254 Rules 4 and 5.
Conclusion
The Clerk is directed to serve the New Hampshire Office of
the Attorney General, as provided in the Agreement on Acceptance
of Service: electronic copies of this Order and the Petition
(doc. no. 1).

Respondent shall file an answer, motion, or other

response to the Petition within thirty days of service by the

2

Clerk.

The answer shall comply with § 2254 Rule 5.

This matter

will thereafter proceed in accordance with LR 7.4.
SO ORDERED.

__________________________
Andrea K. Johnstone
United States Magistrate Judge
March 30, 2015
cc:

Robert Labrecque, pro se

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