Robinson v. Frakes

Filing 8

ORDER DIRECTING SERVICE by Certified Mail; mailed on 5/2/11 to Respondent & AG; General Order sent to Pltf., signed by Magistrate Judge Karen L Strombom. (MET) cc: Petitioner (AG mailed petition only, see ECF for attachments)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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GREGORY S. ROBINSON,
No. C11-5302 RJB/KLS

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Petitioner,
v.

ORDER FOR SERVICE AND
RETURN § 2254 PETITION

SCOTT FRAKES,

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Respondent.

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(1)

The Clerk shall arrange for service by certified mail upon Respondent, a copy of

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(1) the petition, (2) all documents in support thereof, and (3) this Order. All costs of service

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shall be advanced by the United States. The Clerk shall assemble the necessary documents to

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effect service. The Clerk shall send Petitioner a copy of this Order, and the General Order. The

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Clerk will also send a courtesy copy of the Petition only to the Washington State Attorney

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General’s Office. The Attorney General is referred to the attachments and exhibits to the
Petition docketed at ECF No. 5.
(2)

Within forty-five (45) days after such service, Respondent shall file and serve an

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answer in accordance with Rule 5 of the Rules Governing § 2254 Cases in United States District

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Courts. As part of such answer, Respondent should state whether Petitioner has exhausted

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available state remedies, whether an evidentiary hearing is necessary, and whether there is any

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issue of abuse of delay under Rule 9. Respondent shall not file a dispositive motion in place of
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ORDER FOR SERVICE AND RETURN § 2254 PETITION - 1

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an answer without first showing cause as to why an answer is inadequate. Respondent shall file

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the answer with the Clerk of Court and serve a copy of the answer upon Petitioner.

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(3)

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

upon receipt of the Answer the Clerk will note the matter for consideration on the fourth Friday

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after the answer is filed, Petitioner may file and serve a response not later than on the Monday
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immediately preceding the Friday appointed for consideration of the matter, and Respondent

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may file and serve a reply brief not later than the Friday designated for consideration of the

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matter.

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DATED this 28th day of April, 2011.

A

Karen L. Strombom
United States Magistrate Judge

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ORDER FOR SERVICE AND RETURN § 2254 PETITION - 2