Berube v. Uttecht

Filing 9

ORDER FOR SERVICE § 2254 PETITION, ANSWER AND APPOINTMENT OF COUNSEL by Hon. Brian A Tsuchida. Served by certified mail on 4/17/2017 to Jeffrey Uttecht; Attorney General of the State of Washington. (cc: Michael Filipovic, Ad Hoc)**3 PAGE(S), PRINT ALL**(Ivory Berube, Prisoner ID: 740925)(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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IVORY BERUBE,
Petitioner,

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v.

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JEFFREY UTTECHT,

ORDER FOR SERVICE § 2254
PETITION, ANSWER, AND
APPOINTMENT OF COUNSEL

Respondent.

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CASE NO. C17-288 RSM-BAT

This is a federal habeas action filed under 28 U.S.C. § 2254. The Court having reviewed

15 Petitioner’s amended federal habeas petition, hereby finds and ORDERS:
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(1)

Service

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The Clerk shall arrange for service by certified mail on Respondent and on the Attorney

18 General of the State of Washington, copies of the amended petition (Dkt. 8), all documents in
19 support thereof, and this Order.
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(2)

Appointment of the Federal Public Defender

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The Court appoints the Federal Public Defender for the Western District of

22 Washington (FPD) as counsel for the Petitioner. The Clerk shall provide copies of the
23 petition, and this Order to: Michael Filipovic, Federal Public Defender, Federal Public
ORDER FOR SERVICE § 2254 PETITION, ANSWER, AND
APPOINTMENT OF COUNSEL - 1

1 Defender’s Office, 1601 Fifth Avenue, Suite 700, Seattle, Washington 98101. The FPD shall
2 confer with Petitioner. The Court’s order of appointment will stand unless the FPD informs the
3 Court by May 8, 2017 that Petitioner objects to the Court’s order appointing the FPD and
4 requests the appointment order be rescinded.
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(3)

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Within sixty three (63) days after service, the Respondent shall file and serve an answer

Answer

7 in accordance with Rule 5 of the Rules Governing Section 2254 Cases in United States District
8 Courts. As part of such answer, Respondent shall state whether Petitioner has exhausted
9 available state remedies and whether an evidentiary hearing is necessary. Respondent shall not
10 file a dispositive motion in place of an answer without first showing cause as to why an answer is
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(4)

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The answer will be treated in accordance with LCR 7. Accordingly, on the face of the

Noting Answer

14 answer, Respondent shall note it for consideration on the fourth Friday after filing. Petitioner’s
15 response and Respondent’s reply shall be filed as set forth in LCR 7(d).
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(5)

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All attorneys admitted to practice before this Court must file documents electronically via

Filing by Parties

18 the Court’s CM/ECF system. All filings must indicate in the upper right hand corner the name of
19 the magistrate judge to whom the document is directed.
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The parties are advised that when the total of all pages of a filing exceeds fifty (50) pages

21 in length, a paper copy of the document (with tabs or other organizing aids as necessary) shall be
22 delivered to the Clerk’s Office for chambers. The chambers copy must be clearly marked with
23 the words “Courtesy Copy of Electronic Filing for Chambers.”
ORDER FOR SERVICE § 2254 PETITION, ANSWER, AND
APPOINTMENT OF COUNSEL - 2

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(6)

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Any request for court action shall be set forth in a motion, properly filed and served in

Motions

3 accordance with LCR 7.
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(7)

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No direct communication is to take place with the District Judge or Magistrate Judge with

Direct Communications with District Judge or Magistrate Judge

6 regard to this case. All relevant information and papers shall be directed to the Clerk.
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Dated this 17th day of April, 2017.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER FOR SERVICE § 2254 PETITION, ANSWER, AND
APPOINTMENT OF COUNSEL - 3