Conley v. Fraker

Filing 8

ORDER DIRECTING SERVICE (by Certified Mail/Return Receipt requested to the Respondent and Washington Attorney General's Office and a copy of the Court's General Order and this order to the petitioner via 1st Class Mail) and Granting Petitioner's 7 Motion to Change the Case Caption, signed by Magistrate Judge J Richard Creatura. (GMR- all items mailed on 12/14/2012)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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TAYLOR TOM CONLEY,

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Petitioner,

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RON FRAKER,
Respondent.

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ORDER DIRECTING SERVICE
AND RETURN, §2254 PETITION

v.

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CASE NO. C12-5974 RJB-JRC

The District Court has referred this petition for a writ of habeas corpus to United States
Magistrate Judge, J. Richard Creatura. The authority for the referral is 28 U.S.C. § 636(b)(1)(A)
and (B), and local Magistrate Judge Rules MJR3 and MJR4. Petitioner seeks relief from a state
conviction. Petitioner filed the petition pursuant to 28 U.S.C. § 2254.
Petitioner has filed a motion asking to change the case caption to name a proper
respondent, Ron Fraker (ECF No. 7). The Court GRANTS the motion. The Court orders that:

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(l)

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

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Attorney General for the State of Washington, of copies of the petition and all documents in
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support thereof. All costs of service shall be advanced by the United States. The Clerk shall
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ORDER DIRECTING SERVICE AND RETURN,
§2254 PETITION - 1

1 assemble the necessary documents to effect service. In addition, the Clerk shall send petitioner a
2 copy of this Order, along with a copy of the Court’s General Order regarding pro se litigation.
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(2)

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

4 an answer in accordance with Rule 5 of the Rules governing § 2254 cases in United States
5 District Courts. As part of such answer, respondent should state whether petitioner has exhausted
6 available state remedies, whether an evidentiary hearing is necessary, and whether there is any
7 issue of abuse or delay under Rule 9. Respondent shall file the answer with the Clerk of the
8 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 7. Accordingly, upon

10 receipt of the answer the Clerk will note the matter for consideration on the fourth Friday after
11 the answer is filed. Petitioner may file and serve a response not later than on the Monday
12 immediately preceding the Friday appointed for consideration of the matter, and respondent my
13 file and serve a reply brief not later than on the Thursday immediately preceding the Friday
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Dated this 13th day of December, 2012.

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A
J. Richard Creatura
United States Magistrate Judge

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ORDER DIRECTING SERVICE AND RETURN,
§2254 PETITION - 2