PRATOLA v. NEW JERSEY STATE PAROLE BOARD et al

Filing 8

MEMORANDUM AND ORDER TO ANSWER. Signed by Judge Robert B. Kugler on 12/3/14. (js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
DONALD PRATOLA,
:
:
Civ. No. 14-6405 (RBK)
Petitioner,
:
:
v.
:
MEMORANDUM AND ORDER
:
NEW JERSEY STATE PAROLE BOARD, et al., :
:
Respondents.
:
_________________________________________ :
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. On November 3, 2014, this Court administratively terminated this
matter as petitioner had not filed his § 2254 petition on the proper form. Subsequently, petitioner
submitted an amended § 2254 petition on the proper form that names C. Ray Hughes as the sole
respondent. Accordingly, the Clerk will be ordered to reopen this case. Upon screening the
amended petition, the Court has determined that dismissal of the amended petition without an
answer and the record is not warranted, see Rule 4 of Rules Governing 28 U.S.C. § 2254 Cases.
Accordingly, IT IS on this 3rd day of December, 2014,
ORDERED that the Clerk shall reopen this case; and it is further
ORDERED that the Clerk shall serve a copy of the amended habeas petition (Dkt. No. 7.)
and this Order on respondent Hughes by certified mail, return receipt requested, with all costs of
service advanced by the United States, and it is further
ORDERED that respondent Hughes shall file a full and complete answer to the amended
habeas petition within forty-five (45) days of the entry of this Order; and it is further

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ORDERED that respondent Hughes’ answer shall address the allegations and grounds of
the amended habeas petition, and shall adhere to the requirements of Rule 5 of the Rules
Governing 28 U.S.C. § 2254 Cases; and it is further
ORDERED that the answer shall indicate what transcripts (of pretrial, trial, sentencing, or
post-conviction proceedings) are available, when they can be furnished, and what proceedings
have been recorded but not transcribed; and it is further
ORDERED that respondent Hughes shall attach to the answer parts of the transcript that
he considers relevant and, if a transcript cannot be obtained, respondent Hughes may submit a
narrative summary of the evidence, see Rule 5(c) of the Rules Governing 28 U.S.C. § 2254
Cases; and it is further
ORDERED that respondent Hughes shall file with the answer a copy of: (1) any brief
that petitioner submitted in an appellate court contesting the conviction or sentence, or contesting
an adverse judgment or order in a post-conviction proceeding; (2) any brief that the prosecution
submitted in an appellate court relating to the conviction or sentence; and (3) the opinions and
dispositive orders relating to the conviction or the sentence, see Rule 5(d) of the Rules
Governing 28 U.S.C. § 2254 Cases; and it is further
ORDERED that the answer shall contain an index of exhibits; and it is further
ORDERED that respondent Hughes shall file the answer, the index of exhibits, and the
exhibits electronically; and it is further
ORDERED that respondent Hughes shall serve the answer, the index of exhibits, and the
exhibits upon petitioner, see Rule 5 of the Rules Governing 28 U.S.C. § 2254 Cases; FED. R.
CIV. P. 10(c); Sixta v. Thaler, 615 F.3d 569, 569 (5th Cir. 2010); Thompson v. Greene, 427 F.3d

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263, 269 (4th Cir. 2005); Pindale v. Nunn, 248 F. Supp. 2d 361, 367 (D.N.J. 2003); and it is
further
ORDERED that petitioner may file and serve a reply to the answer within forty-five (45)
days of petitioner’s receipt of same, see Rule 5(e) of the Rules Governing 28 U.S.C. § 2254
Cases; and it is further
ORDERED that within seven (7) days of petitioner's release, be it on parole or otherwise,
respondent Hughes shall electronically file a written notice of same with the Clerk; and it is
finally
ORDERED that the Clerk shall serve this Order on petitioner by regular U.S. mail.

s/Robert B. Kugler

ROBERT B. KUGLER
United States District Judge

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