Fernandez v. Obenland

Filing 4

ORDER DIRECTING SERVICE by email to Respondent and Attorney General's Office, signed by Magistrate Judge J Richard Creatura. (Order directing service and petition emailed on 1/4/17.) (Attachments: # 1 pro se instruction sheet)**4 PAGE(S), PRINT ALL**(Victor Fernandez, Prisoner ID: 373753)(CMG) Modified on 1/4/2017: NEF regenerated to MCC per request from legal liaison officer. (CMG).

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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VICTOR M FERNANDEZ,
Petitioner,

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ORDER FOR SERVICE AND

v.

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CASE NO. 3:16-CV-06058-RBL-JRC

ANSWER, § 2254 PETITION

MIKE OBENLAND,
Respondent.

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

15 incarcerated at the Monroe Correctional Complex and is subject to the Court’s Electronic E16 Filing Program pursuant to General Orders 02-15 and 06-16. The Court, having reviewed
17 petitioner’s federal habeas petition, hereby finds and ORDERS as follows:
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(1)

The Clerk shall arrange for service by e-mail upon respondent and upon the

19 Attorney General of the State of Washington, copies of the petition, all documents in support
20 thereof, and this Order. The Clerk shall also direct a copy of this Order and of the Court’s pro se
21 instruction sheet to petitioner.
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(2)

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
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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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(3)

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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(4)

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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. Petitioner shall file all documents electronically.
14 All filings must indicate in the upper right hand corner the name of the magistrate judge to whom
15 the document is directed.
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Any document filed with the Court must be accompanied by proof that it has been served

17 upon all parties that have entered a notice of appearance in the underlying matter. Petitioner
18 shall indicate the date the document is submitted for e-filing as the date of service.
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(5)

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

Motions

21 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a
22 part of the motion itself and not in a separate document. The motion shall include in its caption
23 (immediately below the title of the motion) a designation of the date the motion is to be noted for
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ORDER FOR SERVICE AND ANSWER, § 2254
PETITION - 2

1 consideration on the Court’s motion calendar.
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(6)

Direct Communications with District Judge or Magistrate Judge

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

4 regard to this case. All relevant information and papers are to be directed to the Clerk.
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Dated this 4th day of January, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER FOR SERVICE AND ANSWER, § 2254
PETITION - 3