Contreras-Rebollar v. Key

Filing 9

ORDER by Judge J Richard Creatura directing service and substituting respondent. Certified mail sent on 8/17/15 to Respondent & AG. (MET) cc: petitioner w/pro se sheet.

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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8 ADRIAN CONTRERAS-REBOLLAR,
Petitioner,

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v.

CASE NO. 3:15-CV-05471-BHS-JRC
ORDER SUBSTITUTING
RESPONDENT AND ORDER FOR
SERVICE AND ANSWER, § 2254
PETITION

11 JAMES KEY,
Respondent.

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This is a federal habeas action filed under 28 U.S.C. § 2254. Petitioner filed a proposed

15 amended petition to reflect that James Key is the proper respondent (Dkt. 8). The Court, having
16 reviewed petitioner’s federal habeas petition (Dkt. 5), hereby finds and ORDERS as follows:
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(1) The Clerk is directed to substitute James Key as respondent in this action.

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(2) The Clerk shall arrange for service by certified mail upon respondent and upon the

19 Attorney General of the State of Washington, of copies of the petition (Dkt. 5), of all documents
20 in support thereof, and of this Order. The Clerk shall also direct a copy of this Order and of the
21 Court’s pro se instruction sheet to petitioner.
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(3)

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

23 answer in accordance with Rule 5 of the Rules Governing Section 2254 Cases in United States
ORDER SUBSTITUTING
RESPONDENT AND ORDER FOR
SERVICE AND ANSWER, § 2254
PETITION - 1

1 District Courts. As part of such answer, respondent(s) shall state whether petitioner has
2 exhausted available state remedies and whether an evidentiary hearing is necessary.
3 Respondent(s) shall not file a dispositive motion in place of an answer without first showing
4 cause as to why an answer is inadequate. Respondent(s) shall file the answer with the Clerk of
5 the Court and serve a copy of the answer on petitioner.
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(4)

The answer will be treated in accordance with LCR 7. Accordingly, on the face

7 of the answer, respondent(s) shall note it for consideration on the fourth Friday after filing.
8 Petitioner may file and serve a response not later than the Monday immediately preceding the
9 Friday designated for consideration of the matter, and respondent(s) may file and serve a reply
10 not later than the Friday designated for consideration of the matter.
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(5)

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All attorneys admitted to practice before this Court are required to file documents

Filing by Parties, Generally

13 electronically via the Court’s CM/ECF system. All non-attorneys, such as pro se parties and/or
14 prisoners, may continue to file a paper original with the Clerk. All filings, whether filed
15 electronically or in traditional paper format, must indicate in the upper right hand corner the
16 name of the magistrate judge to whom the document is directed.
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For any party filing electronically, when the total of all pages of a filing exceeds fifty

18 (50) pages in length, a paper copy of the document (with tabs or other organizing aids as
19 necessary) shall be delivered to the Clerk’s Office for chambers. The chambers copy must be
20 clearly marked with the words “Courtesy Copy of Electronic Filing for Chambers.”
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Any document filed with the Court must be accompanied by proof that it has been served

22 upon all parties that have entered a notice of appearance in the underlying matter.
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ORDER SUBSTITUTING
RESPONDENT AND ORDER FOR
SERVICE AND ANSWER, § 2254
PETITION - 2

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(6)

Motions

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Any request for court action shall be set forth in a motion, properly filed and served.

3 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a
4 part of the motion itself and not in a separate document. The motion shall include in its caption
5 (immediately below the title of the motion) a designation of the date the motion is to be noted for
6 consideration on the Court’s motion calendar.
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(7)

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No direct communication is to take place with the District Judge or Magistrate Judge with

Direct Communications with District Judge or Magistrate Judge

9 regard to this case. All relevant information and papers are to be directed to the Clerk.
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Dated this 17th day of August, 2015.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER SUBSTITUTING
RESPONDENT AND ORDER FOR
SERVICE AND ANSWER, § 2254
PETITION - 3