Anaya v. Hatch et al

Filing 8

ORDER TO ANSWER by Magistrate Judge Stephan M. Vidmar. Respondents must answer no later than June 5, 2017. (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ARTURO ANAYA,
Petitioner,
v.

No. 16-cv-0331 RJ/SMV

TIMOTHY HATCH and
ATTORNEY GENERAL OF THE STATE OF NEW MEXICO,
Respondents.
ORDER TO ANSWER
The Court having entertained this habeas corpus proceeding pursuant to 28 U.S.C. § 2254,
see 28 U.S.C. § 2254 R.4, and the Court having determined that the petition is not subject to
summary dismissal;
IT IS THEREFORE ORDERED that the Clerk forward copies of this Order and the
petition and supporting papers and exhibits, if any, to Respondents;
IT IS FURTHER ORDERED that Respondents answer the petition within 30 days of
entry of this Order. Respondents’ answer must advise, but is not limited to, whether the Petitioner
has exhausted his state court remedies as to the issues raised in the federal petition. Respondents
must attach to their answer copies of any filing pertinent to the issue of exhaustion that was filed by
Petitioner in the sentencing court, the state district court, the state court of appeals, and the state
supreme court, together with copies of all memoranda filed by both parties in support of or in
response to those filings. Respondents must also attach to the answer copies of all state court
findings and conclusions, docketing statements, and opinions issued in Petitioner’s state court
post-conviction or appellate proceedings. The answer must describe the procedural history of

each claim that Respondents contend is unexhausted and identify the State procedures that are
currently available to Petitioner.
IT IS SO ORDERED.

_____________________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

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