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)
1
2
3
4
5
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
6
7
8
RAMÓN CARILLO ALEJO,
Petitioner,
9
10
v.
11
JAMES R. KEY,
Case No. C17-0610-RSM-MAT
ORDER FOR SERVICE AND
ANSWER, § 2254 PETITION
Respondent.
12
13
14
This is a federal habeas action filed under 28 U.S.C. § 2254. Petitioner is currently
15
incarcerated at the Airway Heights Corrections Center and is subject to the Court’s Mandatory E-
16
Filing Project under General Orders 02-15 and 06-16. The Court, having reviewed petitioner’s
17
federal habeas petition, hereby finds and ORDERS as follows:
18
(1)
The Clerk shall arrange for service by certified mail upon respondent and upon the
19
Attorney General of the State of Washington, of copies of the petition (Dkt. 4), and of this Order.
20
The Clerk shall also direct a copy of this Order and of the Court’s pro se instruction sheet to
21
petitioner.
22
(2)
23
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
1
District Courts. As part of such answer, respondent shall state whether petitioner has exhausted
2
available state remedies and whether an evidentiary hearing is necessary. Respondent shall not
3
file a dispositive motion in place of an answer without first showing cause as to why an answer is
4
inadequate. Respondent shall file the answer with the Clerk of the Court and serve a copy of the
5
answer on petitioner.
6
(3)
The answer will be treated in accordance with LCR 7(d)(3). Accordingly, on the
7
face of the answer, respondent shall note it for consideration on the fourth Friday after filing.
8
Petitioner may file and serve a response not later than the Monday immediately preceding the
9
Friday designated for consideration of the matter, and respondent may file and serve a reply not
10
later than the Friday designated for consideration of the matter.
11
(4)
Filing by Parties, Generally
12
All attorneys admitted to practice before this Court are required to file documents
13
electronically via the Court’s CM/ECF system. Petitioner shall file all documents electronically.
14
All filings must indicate in the upper right hand corner the name of the magistrate judge to whom
15
the document is directed. Any document filed with the Court must be accompanied by proof that
16
it has been served upon all parties that have entered a notice of appearance in the underlying matter.
17
Petitioner shall indicate the date the document is submitted for e-filing as the date of service.
18
(5)
Motions
19
Any request for court action shall be set forth in a motion, properly filed and served.
20
Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a
21
part of the motion itself and not in a separate document. The motion shall include in its caption
22
(immediately below the title of the motion) a designation of the date the motion is to be noted for
23
consideration on the Court’s motion calendar.
ORDER FOR SERVICE AND ANSWER,
§ 2254 PETITION - 2
1
(6)
Direct Communications with District Judge or Magistrate Judge
2
No direct communication is to take place with the District Judge or Magistrate Judge with regard
3
to this case. All relevant information and papers are to be directed to the Clerk.
4
DATED this 6th day of June, 2017.
5
A
6
Mary Alice Theiler
United States Magistrate Judge
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
ORDER FOR SERVICE AND ANSWER,
§ 2254 PETITION - 3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?