Burrow v. Fraker

Filing 7

ORDER FOR SERVICE AND ANSWER, § 2254 PETITION by Hon. Mary Alice Theiler. Served by certified mail on 9/12/17 to Respondent; Attorney General of the State of Washington. (Attachments: # 1 Pro Se Instruction Sheet)**6 PAGE(S), PRINT ALL**(Robert Burrow, Prisoner ID: 941667)(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ROBERT E. BURROW,
Petitioner,

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v.

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RON FRAKER,

CASE NO. C17-1303-RSL-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 Clallam Bay 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, of all documents in support

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thereof, and of this Order. The Clerk shall also direct a copy of this Order and of the Court’s pro

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se instruction sheet to petitioner.

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(2)

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
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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 Local Civil Rule (LCR) 7.

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Accordingly, on the face of the answer, respondent shall note it for consideration on the fourth

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Friday after filing. Petitioner may file and serve a response no later than the Monday immediately

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preceding the Friday designated for consideration of the matter, and respondent may file and serve

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a reply no later than the Friday designated for consideration. See also LCR 4, concerning filing

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and service in general.

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(4)

Filing and Service 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.

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Any documents filed with the Court must be accompanied by proof that it has been served

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upon all parties that have entered a notice of appearance in the underlying matter. Petitioner shall

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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
ORDER FOR SERVICE AND ANSWER,
§ 2254 PETITION
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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.

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(6)

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

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Direct Communication with District Judge or Magistrate Judge

regard to this case. All relevant information and papers are to be directed to the Clerk.
DATED this 11th day of September, 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
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