Carr v. State of Washington

Filing 10

ORDER FOR SERVICE AND ANSWER, § 2254 PETITION by Hon. Mary Alice Theiler. Served by certified mail on 10/18/17 to Respondent, Attorney General of the State of Washington. General Order sent to petitioner. (Attachments: # 1 Pro Se Instruction Sheet)**6 PAGE(S), PRINT ALL**(Peter Carr, Prisoner ID: 357101)(ST)

1
2
3
4
5
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7
8

PETER JAMES CARR,
Petitioner,

9

Case No. C17-1326-RAJ-MAT
ORDER FOR SERVICE AND
ANSWER, § 2254 PETITION

10

v.

11

RON HAYNES,
Respondent.

12
13
14

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

15

incarcerated at the Stafford Creek 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

amended federal habeas petition (Dkt. 9), 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 amended petition, of all documents

20

in support thereof, and of this Order. The Clerk shall also direct a copy of this Order and of the

21

Court’s pro se instruction sheet to petitioner.

22
23

(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 - 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. Accordingly, on the face of

7

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

8

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

9

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

10

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.

16

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

17

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

18

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

19

(5)

Motions

20

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

21

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

22

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

23

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

ORDER FOR SERVICE AND ANSWER, §
2254 PETITION - 2

1

consideration on the Court’s motion calendar.

2

(6)

3

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

4
5

Direct Communications with District Judge or Magistrate Judge

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

6

A

7

Mary Alice Theiler
United States Magistrate Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

ORDER FOR SERVICE AND ANSWER, §
2254 PETITION - 3