Baker v. Warden Noble Correctional Institution

Filing 2

ORDER FOR ANSWER AND GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS - Accordingly, it is hereby ORDERED that Respondent shall, not later than January 15, 2016, file an answer conforming to the requirements of Rule 5 of the Rules Governing '2254 Cas es. RE: 1 Petition for Writ of Habeas Corpus filed by Larry Baker. Signed by Magistrate Judge Michael R. Merz on 11/20/2015. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
LARRY BAKER,
Petitioner,

:

- vs -

Case No. 3:15-cv-414
District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz

WARDEN,
Noble Correctional Institution,
:
Respondent.

ORDER FOR ANSWER AND GRANTING LEAVE TO PROCEED IN
FORMA PAUPERIS

This habeas corpus case is before the Court for initial review upon the filing of the
Petition (ECF No. 1). The Court sua sponte grants Petitioner leave to proceed in forma pauperis.
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 January 15, 2016, 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.
Before filing the answer, the Respondent shall file those portions of the state court record
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needed to adjudicate this case. 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 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. The record shall be
indexed by insertion of “bookmarks” in the .pdf version of the state court record uploaded to the
Court’s CM/ECF system which display each exhibit and the name of that exhibit in the record.
As required by Fed. R. Civ. P. 5, a complete copy of the answer and state court record
with the PageID numbers and “bookmarks” 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.

November 20, 2016.
s/ Michael R. Merz
United States Magistrate Judge

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