Davenport, Jr. v Glebe

Filing 3

ORDER DIRECTING SERVICE by Certified Mail/Return Receipt Requested; mailed on 6/28/2012 to the Respondent and the Attorney General for the State of Washington; General Order and a copy of this order sent to the Petitioner via 1st Class Mail. Signed by Magistrate Judge J Richard Creatura. (GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JERALD W. DAVENPORT Jr.,

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Petitioner,

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ORDER DIRECTING SERVICE
AND RETURN, §2254 PETITION

v.

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CASE NO. 12-5524RJB/JRC

PATRICK GLEBE.
Respondent.

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(l)

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

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

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exhausted available state remedies, whether an evidentiary hearing is necessary, and whether
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ORDER DIRECTING SERVICE AND RETURN,
§2254 PETITION - 1

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there is any issue of abuse or delay under Rule 9. Respondent(s) shall file the answer with the

2 Clerk of the 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,

4 upon receipt of the answer the Clerk will note the matter for consideration on the fourth Friday
5 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 my
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.
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Dated this 28th day of June, 2012.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER DIRECTING SERVICE AND RETURN,
§2254 PETITION - 2