Morris v. Haynes

Filing 7

ORDER TO ANSWER by Magistrate Judge Carmen E. Garza. Answer due by November 29, 2017. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ANTHONY JOHN MORRIS,
Petitioner,
v.

No. CV 17-325 JP/CG

RON HAYNES,
Respondent.
ORDER TO ANSWER
THIS MATTER is before the Court, pursuant to Rule 4 of the Rules Governing
Section2 254 Cases in the United States District Courts, on Petitioner’s application under
28 U.S.C. § 2254 for writ of habeas corpus, (Doc. 1). The Court has examined Petitioner’s
application and determined that it is not subject to summary dismissal. Accordingly,
Respondent Ron Haynes is directed to file an answer, motion, or other response.
IT IS THEREFORE ORDERED that the Clerk of the Court is directed to forward
copies of this Order and the application and supporting papers and exhibits, if any, to
Respondent and the New Mexico Attorney General;
IT IS FURTHER ORDERED that Respondent answer the application by
November 29, 2017. Respondent’s answer shall advise, but is not limited to, whether
Petitioner has exhausted his state court remedies as to the issues raised in the federal
application. Respondent shall attach to his answer copies of any pleading pertinent to the
issue of exhaustion which 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 pleadings.
Respondent shall 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 Respondent contends is unexhausted and identify the State
procedures that are currently available to Applicant.

________________________________
THE HONORABLE CARMEN E. GARZA
UNITED STATES MAGISTRATE JUDGE

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