Stein v. Warden Ross Correctionl Institution

Filing 2

ORDER FOR ANSWER - It is hereby ORDERED that Respondent shall, not later than October 1, 2014, file an answer conforming to the requirements of Rule 5 of the Rules Governing 2254 Cases. Petitioner may, not later than twenty-one days after the answer is filed, file and serve a reply to the answer. Signed by Magistrate Judge Michael R Merz on 8/19/2014. (kpf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
SAMUEL C. STEIN,
Petitioner,

:

- vs -

Case No. 3:14-cv-274
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

MARK HOOKS, Warden,
:
Respondent.

ORDER FOR ANSWER

This is an action pursuant to 28 U.S.C. '2254 for a writ of habeas corpus; Petitioner
seeks release from confinement imposed as part of the judgment of a State court in a criminal
action. The case has been referred to the undersigned United States Magistrate Judge pursuant to
28 U.S.C. '636(b) and the Dayton General Order of Assignment and Reference.
Upon preliminary consideration pursuant to Rule 4 of the Rules Governing '2254 Cases,
the Court finds that it does not plainly appear from the face of the Petition and any exhibits
attached thereto that the Petitioner is not entitled to relief in this Court. Accordingly, it is hereby
ORDERED that Respondent shall, not later than October 1, 2014, file an answer conforming to
the requirements of Rule 5 of the Rules Governing '2254 Cases. Specifically, said answer shall
respond to each allegation made in the Petition, raise any affirmative defense relied on by
Respondent, and state whether, from Respondent's perspective, any claim in the Petition is
barred by a failure to exhaust state remedies, a procedural bar, non-retroactivity, or a statute of
limitations.

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Before filing the answer, the Respondent shall file those portions of the state court record
needed to adjudicate this case, accompanied by an index of the documents in the record. When
the record is filed electronically, the Court’s CM/ECF filing system will affix a unique PageID
number to each page of the record, displayed in the upper right-hand corner of the page. All
papers filed in the case thereafter, by either party, including the answer and the exhibit index,
shall include record references to the PageID number. Prior to filing the state court record, the
Warden’s counsel shall ensure that any borders on parts of the record (typically, court reporter
transcripts) do not obscure the PageID number when the page is filed.
As required by Fed. R. Civ. P. 5, a complete copy of the answer and state court record
with the PageID numbers must be served on Petitioner at the time of filing.
Petitioner may, not later than twenty-one days after the answer is filed, file and serve a
reply to the answer.
The Clerk is ordered to serve the Petition on Respondent and the Attorney General of
Ohio, c/o Assistant Attorney General M. Scott Criss, Section Coordinator, 150 E. Gay Street,
16th Floor, Columbus, Ohio 43215.

August 19, 2014.
s/ Michael R. Merz
United States Magistrate Judge

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