Fernandez v. Fraker

Filing 2

ORDER DIRECTING SERVICE by 1st Class/Certified Mail/Return Receipt Requested; mailed on 5/15/12 to Respondent & AG's office; General Order sent to Pltf. Signed by Magistrate Judge J Richard Creatura. (CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ANGEL FERNANDEZ,
Petitioner,

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CASE NO. C12-5426 RBL-JRC

ORDER DIRECTING SERVICE
AND RETURN, §2254 PETITION

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v.

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RONALD FRAKER,
Respondent.

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(l)

The clerk shall arrange for service by certified mail upon respondent and the

16 Attorney General for the State of Washington, copies of the petition, all documents in support
17 thereof. All costs of service shall be advanced by the United States. The Clerk shall assemble
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the necessary documents to effect service.
(2)

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

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an answer in accordance with Rule 5 of the Rules Governing § 2254 Cases in United States
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District Courts. As part of such answer, respondent(s) should state whether petitioner has
exhausted available state remedies, whether an evidentiary hearing is necessary, and whether

22 there is any issue of abuse or delay under Rule 9. Respondent(s) shall file the answer with the
23 Clerk of the Court and serve a copy of the answer upon petitioner.
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ORDER DIRECTING SERVICE AND RETURN,
§2254 PETITION - 1

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(3)

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

2 upon receipt of the answer the Clerk will note the matter for consideration on the fourth Friday
3 after the answer is filed, petitioner may file and serve a response not later than on the Monday
4 immediately preceding the Friday appointed for consideration of the matter, and respondent my
5 file and serve a reply brief not later than on the Thursday immediately preceding the Friday
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designated for consideration of the matter.
DATED this 15th day of May, 2012.

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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER DIRECTING SERVICE AND RETURN,
§2254 PETITION - 2