BAKER v. D'ILIO et al

Filing 11

MEMORANDUM AND ORDER directing Respondent to file an answer by 7/10/2015. Signed by Judge Robert B. Kugler on 6/15/2015. (drw)n.m.

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
FORREST M. BAKER, Sr.,
:
:
Petitioner,
:
Civ. No. 15-1294 (RBK)
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v.
:
:
MEMORANDUM AND ORDER
ADMINISTRATOR D’ILIO, et al.,
:
:
Respondents.
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_________________________________________ :
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. On June 4, 2015, this Court issued a second order to show cause
on respondent why the habeas petition should not be granted in light of respondent’s failure to
file an answer. Respondent was given fourteen days in which to respond to this second order to
show cause.
On June 12, 2015, this Court received a response from respondent to the second order to
show cause. Respondent states that there was miscommunication at the Burlington County
Prosecutor’s Office as to which attorney was going to file a motion for an extension of time to
file a response to the habeas petition. Indeed, no such request for an extension of time was ever
filed with the Court by respondent. In response to the order to show cause, respondent now
requests until July 10, 2015 (approximately two-and-one-half months after the initial due date) to
file an answer to the habeas petition. Mindful of the time that already has passed, the Court will,
nevertheless, grant this request in light of respondent’s express statement to the Court that it will
be prepared to file an answer no later than July 10, 2015.

Accordingly, IT IS this 15th day of June, 2015,
ORDERED that respondent’s answer to the habeas petition shall be filed on or before
July 10, 2015.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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