Combs v. Clark County Prosecuting Attorney's Office

Filing 16

ORDER DIRECTING SERVICE by 1st Class/Certified Mail/Return Receipt Requested; mailed on 1/30/12 to Respondent & AG's office; General Order sent to Pltf. Signed by Magistrate Judge Karen L Strombom. (CMG; cc to Petitioner)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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EDDIE J. COMBS,

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Petitioner,
v.

ORDER FOR SERVICE AND
RETURN § 2254 PETITION

JEFFREY A. UTTECHT,

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No. C11-5884 RBL/KLS

Respondent.
(1)

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

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the Petition (originally docketed at ECF No. 1-1), of all documents in support thereof, and of this
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Order. All costs of service shall be advanced by the United States. The Clerk shall assemble the

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necessary documents to effect service. The Clerk shall send Petitioner a copy of this Order, and

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the General Order. The Clerk will also send a courtesy copy of the Petition to the Washington

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State Attorney General’s Office.

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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 § 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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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.
ORDER - 1

(3)

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

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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.
DATED this

27th day of January, 2012.

A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 2