Njonge v. Gilbert
Filing
5
ORDER FOR SERVICE § 2254 PETITIONER, ANSWER, AND APPOINTMENT OF COUNSEL by Hon. Brian A Tsuchida. Served by certified mail on 7/11/17 to Margaret Gilbert; Attorney General of the State of Washington. (cc: Michael Filipovic, Ad Hoc. Copies of documents ordered by court sent to counsel via U.S. Postal Service.)**3 PAGE(S), PRINT ALL**(Joseph Njonge, Prisoner ID: )(ST)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
7
8
9
JOSEPH NJUGUNA NJONGE,
Petitioner,
10
v.
11
12
MARGARET GILBERT,
ORDER FOR SERVICE § 2254
PETITION, ANSWER, AND
APPOINTMENT OF COUNSEL
Respondent.
13
14
CASE NO. C17-1035 RSM-BAT
This is a federal habeas action filed under 28 U.S.C. § 2254. The Court having reviewed
15 Petitioner’s federal habeas petition, hereby finds and ORDERS:
16
(1)
Service
17
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 petition, all documents in support thereof, and
19 this Order.
20
(2)
Appointment of the Federal Public Defender
21
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
ORDER FOR SERVICE § 2254 PETITION, ANSWER, AND
APPOINTMENT OF COUNSEL - 1
1 petition, and this Order to: Michael Filipovic, Federal Public Defender, Federal Public
2 Defender’s Office, 1601 Fifth Avenue, Suite 700, Seattle, Washington 98101.
3
(3)
4
Within sixty three (63) days after service, the Respondent shall file and serve an answer
Answer
5 in accordance with Rule 5 of the Rules Governing Section 2254 Cases in United States District
6 Courts. As part of such answer, Respondent shall state whether Petitioner has exhausted
7 available state remedies and whether an evidentiary hearing is necessary. Respondent shall not
8 file a dispositive motion in place of an answer without first showing cause as to why an answer is
9 inadequate.
10
(4)
11
The answer will be treated in accordance with LCR 7. Accordingly, on the face of the
Noting Answer
12 answer, Respondent shall note it for consideration on the fourth Friday after filing. Petitioner’s
13 response and Respondent’s reply shall be filed as set forth in LCR 7(d).
14
(5)
Filing by Parties
15
All attorneys admitted to practice before this Court must file documents electronically via
16 the Court’s CM/ECF system. All filings must indicate in the upper right hand corner the name of
17 the magistrate judge to whom the document is directed.
18
The parties are advised that when the total of all pages of a filing exceeds fifty (50) pages
19 in length, a paper copy of the document (with tabs or other organizing aids as necessary) shall be
20 delivered to the Clerk’s Office for chambers. The chambers copy must be clearly marked with
21 the words “Courtesy Copy of Electronic Filing for Chambers.”
22
(6)
23
Any request for court action shall be set forth in a motion, properly filed and served in
Motions
ORDER FOR SERVICE § 2254 PETITION, ANSWER, AND
APPOINTMENT OF COUNSEL - 2
1 accordance with LCR 7.
2
(7)
3
No direct communication is to take place with the District Judge or Magistrate Judge with
Direct Communications with District Judge or Magistrate Judge
4 regard to this case. All relevant information and papers shall be directed to the Clerk.
5
Dated this 11th day of July, 2016.
6
A
7
BRIAN A. TSUCHIDA
United States Magistrate Judge
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
ORDER FOR SERVICE § 2254 PETITION, ANSWER, AND
APPOINTMENT OF COUNSEL - 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?