NEW YORK CITY HOUSING AUTHORITY et al v. G-I HOLDINGS, INC.

Filing 19

OPINION. Signed by Judge Stanley R. Chesler on 4/8/2015. (ld, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

.TAROD HARRIS,
Civ. No. 15-1603 (KM)
Petitioner,
ORDER

V.

STEPHEN D’ILIO, et al.,
Respondents.

Petitioner, Jarod 1-larris, is a state prisoner proceeding pro se with a petition for writ of
habeas corpus pursuant to 28 U.S.C.

§ 2254. On March 30, 2015, this Court administratively

terminated this action because Mr. Harris had neither paid the $5.00 filing fee nor submitted an
application to proceed in formapauperis. Mr. Harris was given thirty days to do so. On April 1,
2015, Mr. Harris paid the $5.00 filing fee. Therefore, the clerk will be ordered to reopen this
case. Upon screening the petition, the Court has determined that dismissal of the 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 this 7” day of April, 2015,
ORDERED that the Clerk shall reopen this case; and it is further
ORI)ERED that the Clerk shall serve a copy of the petition (Dkt. No. I) and this Order
on the respondents by regular U.S. mail, with all costs of service advanced by the United States,
and it is further
ORDERED that respondents shall file a full and complete answer to the habeas petition
within forty-five (45) days of the entry of this Order; and it is further

ORDERET) that respondents’ answer shall address the allegations and grounds of the
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
ORDERET) 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 respondents shall attach to the answer parts of the transcript that the
respondents consider relevant and, if a transcript cannot be obtained, respondents 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 respondents 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 respondents shall file the answer, the index of exhibits, and the exhibits
electronically; and it is further
ORDERED that respondents 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); Sixia 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,
respondents shall electronically file a written notice of same with the Clerk; and it is finally
ORI)ERED that the Clerk shall serve this Order on petitioner by regular U.S. mail.

L
K IN MCNULTY
United States District Judge

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