Taylor v. Jones

Filing 4

OPINION AND ORDER by Magistrate Judge Kimberly E. West, directing Respondent to show cause why the writ should not issue and file a response to the petition (Responses due by 10/19/2012) (Re: 1 PETITION for Writ of Habeas Corpus - 2254 ) (sjw, Chambers)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA ) ) ) ) ) ) ) ) ) Jerry D. Taylor, Petitioner, v. Justin Jones, Respondent. CIV-12-386-FHS-KEW OPINION AND ORDER Petitioner has filed a petition for a writ ofhabeas corpus pursuant to 28 U.S. C. § 2254. Respondent is hereby ordered to show cause why the writ should not issue by filing within thirty (30) days an answer to the petition, in accordance with Rule 5 of the Rules Governing Section 2254 Cases. As an alternative to filing a Rule 5 answer, Respondent may file within thirty (30) days a motion to dismiss based upon 28 U.S.C. § 2244, 28 U.S.C. § 2254, or other applicable statute. Extensions oftime will be granted for good cause only, and in no event for longer than an additional twenty (20) days. Petitioner may submit a reply to the Respondent's answer or motion within fifteen (15) days after the filing of Respondent's pleading. IT IS SO ORDERED THIS I~y of September, 2012.

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