Carrillo Alejo v. Key

Filing 6

ORDER DIRECTING SERVICE by Certified Mail; mailed on 6/7/17 to James R. Key, Washington State Attorney General; General Order sent to Pltf. by Hon. Mary Alice Theiler. (Attachments: # 1 Pro Se Instruction Sheet) (cc: Attorney General and James R. Key with 4 Petition) **6 PAGE(S), PRINT ALL**(Ramon Carrillo Alejo, Prisoner ID: 368411)(SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RAMÓN CARILLO ALEJO,
Petitioner,

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v.

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JAMES R. KEY,

Case No. C17-0610-RSM-MAT

ORDER FOR SERVICE AND
ANSWER, § 2254 PETITION
Respondent.

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This is a federal habeas action filed under 28 U.S.C. § 2254. Petitioner is currently

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incarcerated at the Airway Heights Corrections Center and is subject to the Court’s Mandatory E-

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Filing Project under General Orders 02-15 and 06-16. The Court, having reviewed petitioner’s

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federal habeas petition, hereby finds and ORDERS as follows:

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(1)

The Clerk shall arrange for service by certified mail upon respondent and upon the

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Attorney General of the State of Washington, of copies of the petition (Dkt. 4), and of this Order.

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The Clerk shall also direct a copy of this Order and of the Court’s pro se instruction sheet to

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petitioner.

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(2)

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Within forty-five (45) days after such service, respondent shall file and serve an

answer in accordance with Rule 5 of the Rules Governing Section 2254 Cases in United States

ORDER FOR SERVICE AND ANSWER,
§ 2254 PETITION - 1

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District Courts. As part of such answer, respondent shall state whether petitioner has exhausted

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available state remedies and whether an evidentiary hearing is necessary. Respondent shall not

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file a dispositive motion in place of an answer without first showing cause as to why an answer is

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inadequate. Respondent shall file the answer with the Clerk of the Court and serve a copy of the

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answer on petitioner.

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(3)

The answer will be treated in accordance with LCR 7(d)(3). Accordingly, on the

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face of the answer, respondent shall note it for consideration on the fourth Friday after filing.

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Petitioner may file and serve a response not later than the Monday immediately preceding the

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Friday designated for consideration of the matter, and respondent may file and serve a reply not

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later than the Friday designated for consideration of the matter.

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(4)

Filing by Parties, Generally

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All attorneys admitted to practice before this Court are required to file documents

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electronically via the Court’s CM/ECF system. Petitioner shall file all documents electronically.

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All filings must indicate in the upper right hand corner the name of the magistrate judge to whom

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the document is directed. Any document filed with the Court must be accompanied by proof that

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it has been served upon all parties that have entered a notice of appearance in the underlying matter.

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Petitioner shall indicate the date the document is submitted for e-filing as the date of service.

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(5)

Motions

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

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Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a

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part of the motion itself and not in a separate document. The motion shall include in its caption

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(immediately below the title of the motion) a designation of the date the motion is to be noted for

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consideration on the Court’s motion calendar.

ORDER FOR SERVICE AND ANSWER,
§ 2254 PETITION - 2

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(6)

Direct Communications with District Judge or Magistrate Judge

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

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to this case. All relevant information and papers are to be directed to the Clerk.

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DATED this 6th day of June, 2017.

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A

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Mary Alice Theiler
United States Magistrate Judge

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ORDER FOR SERVICE AND ANSWER,
§ 2254 PETITION - 3