BAKER v. D'ILIO et al

Filing 6

MEMORANDUM AND ORDER directing the Clerk to serve the 5 Order to Show Cause upon Respondent by certified mail; directing Respondent to show cause w/in 14 days why the habeas petition should not be granted. Signed by Judge Robert B. Kugler on 6/1/2015. (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.
:
_________________________________________ :
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. On March 10, 2015, respondent was ordered to file a response to
the habeas petition within forty-five (45) days. That Order to Answer was served on respondent
by certified mail, return receipt requested. The Court received the certified mail return receipt on
March 20, 2015. Respondent did not respond in any fashion whatsoever to the Court’s March
10, 2015 Order to Answer.
On May 4, 2015, the Court issued an Order to Show Cause on respondent why the habeas
petition should not be granted. Respondent was given twenty-one (21) days to respond to the
Order to Show Cause. Respondent did not respond in any fashion to the Order to Show Cause.
However, as the Order to Show Cause was not served on respondent by certified mail, return
receipt requested, it is possible that the Order to Show Cause was never received by respondent.
Therefore, the Court will order the Clerk to serve the Order to Show Cause on respondent by
certified mail, return receipt requested. Respondent shall be given fourteen (14) days from the
date of this Order in which to comply with the Order to Show Cause.

Accordingly, IT IS this 1st day of June, 2015,
ORDERED that the Clerk shall serve the Order to Show Cause (Dkt. No. 5.) and this
Order on respondent by certified mail, return receipt requested; and it is further
ORDERED that respondent shall show cause within fourteen (14) days of the date of this
Order why the habeas petition should not be granted; and it is further
ORDERED that respondent’s failure to respond to the Order to Show Cause within
fourteen (14) days of the date of this Order may result in sanctions and a personal appearance
may be required.

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

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