Kaufman v. Vail

Filing 9

ORDER granting 5 Motion to Lift Stay and DIRECTING service and return, § 2254 petition. Signed by Magistrate Judge J Richard Creatura.(CMG; cc to Petitioner)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

8
9
10

STEPHEN DOUGLAS KAUFMAN,
Petitioner,

11

CASE NO. 10-cv-5445RJB
ORDER LIFTING STAY AND
DIRECTING SERVICE AND

12

v.

13

ELDON VAIL.

RETURN, § 2254 PETITION
Respondent.

14
15
16

This habeas corpus petition filed pursuant to 28 U.S.C. § 2254 has been referred to

17 the undersigned Magistrate Judge pursuant to 28 U.S.C. §§ 636 (b)(1)(A) and (B) and
18 Local Magistrate Judge Rules MJR 3 and MJR 4. Petitioner is represented by counsel.
19
20
21

The action was stayed on August 5, 2010 (ECF No. 4). Petitioner has moved to lift the
stay. The motion is GRANTED.
(l)

The clerk shall arrange for service by certified mail of the original petition

22

and memorandum filed in this case (ECF Nos. 1, 2), along with pages 8A and 8B as filed
23
24
ORDER LIFTING STAY AND DIRECTING
SERVICE- 1

1 by Errata (ECF No. 7). The Clerk shall assemble the necessary documents to effect
2 service.
3
4
5

(2)

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

serve an answer in accordance with Rule 5 of the Rules Governing § 2254 Cases in
United States District Courts. As part of such answer, respondent(s) should state whether

6

petitioner has exhausted available state remedies, whether an evidentiary hearing is
7

necessary, and whether there is any issue of abuse or delay under Rule 9. Respondent
8
9
10

shall not file a dispositive motion in place of an answer without first showing cause as to
why an answer is inadequate. Respondent(s) shall file the answer with the Clerk of the

11 Court and serve a copy of the answer upon petitioner.
12

(3)

The answer will be treated in accordance with Local Rule CR 7.

13 Accordingly, upon receipt of the answer the Clerk will note the matter for consideration
14 on the fourth Friday after the answer is filed, petitioner may file and serve a response not
15 later than on the Monday immediately preceding the Friday appointed for consideration
16 of the matter, and respondent my file and serve a reply brief not later than on the
17
18

Thursday immediately preceding the Friday designated for consideration of the matter.
DATED this 11th day of August, 2011.

19

A

20

J. Richard Creatura
United States Magistrate Judge

21
22
23
24
ORDER LIFTING STAY AND DIRECTING
SERVICE- 2