Quinata v. Zavislan

Filing 6

ORDER DIRECTING SERVICE by E-Service. Petition and Order for Service emailed on 5/5/17. Signed by Magistrate Judge Theresa L Fricke. (Attachments: # 1 pro se instruction sheet)**4 PAGE(S), PRINT ALL**(Tanya Quinata, Prisoner ID: 355473)(CMG)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 TANYA NADINE QUINATA, Petitioner, 9 10 v. Case No. 3:17-cv-05268-RBL-TLF ORDER FOR SERVICE AND ANSWER, § 2254 PETITION 11 DONNA ZAVISLAN, Respondent. 12 13 This action is before the Court on petitioner’s filing of a federal habeas corpus petition 14 under 28 U.S.C. § 2254. Having reviewed the Petition, the Court finds and ORDERS as 15 follows: 16 (1) The Clerk shall arrange for service by e-mail upon respondent and the Attorney 17 General of the State of Washington, of copies of the Petition, memorandum in support thereof, 18 and this Order. The Clerk shall also send a copy of this Order and of the Court’s pro se 19 instruction sheet to petitioner. 20 (2) Within forty-five (45) days after such service, respondent(s) shall file and serve an 21 answer in accordance with Rule 5 of the Rules Governing Section 2254 Cases in United States 22 District Courts. As part of such answer, respondent(s) shall state whether petitioner has 23 ORDER FOR SERVICE AND ANSWER, § 2254 PETITION - 1 1 exhausted available state remedies and whether an evidentiary hearing is necessary. 2 Respondent(s) shall not file a dispositive motion in place of an answer without first showing 3 cause as to why an answer is inadequate. Respondent(s) shall file the answer with the Clerk of 4 the Court and serve a copy of the answer on petitioner. 5 (3) The answer will be treated in accordance with LCR 7. Accordingly, on the face of 6 the answer, respondent(s) shall note it for consideration on the fourth Friday after filing. 7 Petitioner may file and serve a response not later than the Monday immediately preceding the 8 Friday designated for consideration of the matter, and respondent(s) may file and serve a reply 9 not later than the Friday designated for consideration of the matter. 10 (4) 11 All attorneys admitted to practice before this Court are required to file documents Filing by Parties, Generally 12 electronically via the Court’s CM/ECF system. All non-attorneys, such as pro se parties and/or 13 prisoners, may continue to file a paper original with the Clerk. All filings, whether filed 14 electronically or in traditional paper format, must indicate in the upper right hand corner the 15 name of the magistrate judge to whom the document is directed. 16 For any party filing electronically, when the total of all pages of a filing exceeds fifty 17 (50) pages in length, a paper copy of the document (with tabs or other organizing aids as 18 necessary) shall be delivered to the Clerk’s Office for chambers. The chambers copy must be 19 clearly marked with the words “Courtesy Copy of Electronic Filing for Chambers.” 20 Any document filed with the Court must be accompanied by proof that it has been served 21 upon all parties that have entered a notice of appearance in the underlying matter. 22 (5) 23 Any request for court action shall be set forth in a motion, properly filed and served. Motions ORDER FOR SERVICE AND ANSWER, § 2254 PETITION - 2 1 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a 2 part of the motion itself and not in a separate document. The motion shall include in its caption 3 (immediately below the title of the motion) a designation of the date the motion is to be noted for 4 consideration on the Court’s motion calendar. 5 (6) 6 No direct communication is to take place with the District Judge or Magistrate Judge with Direct Communications with District Judge or Magistrate Judge 7 regard to this case. All relevant information and papers are to be directed to the Clerk. 8 Dated this 4th day of May, 2017. 9 10 A 11 12 Theresa L. Fricke United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 ORDER FOR SERVICE AND ANSWER, § 2254 PETITION - 3

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