Vess v. State of Washington

Filing 6

ORDER DIRECTING SERVICE by E-mail upon Respondent and Attorney General's Office; signed by Magistrate Judge J Richard Creatura. (Attachments: # 1 pro se instruction form)**4 PAGE(S), PRINT ALL**(Jack Vess, Prisoner ID: 327264)(CMG)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 JACK DANIEL VESS II, Petitioner, 11 13 ORDER FOR SERVICE AND ANSWER, § 2254 PETITION v. 12 CASE NO. 3:17-cv-05700-RBL-JRC DONALD HOLBROOK, Respondent. 14 15 16 This is a federal habeas action filed under 28 U.S.C. § 2254. Petitioner is currently 17 incarcerated at the Washington State Penitentiary and is subject to the Court’s Electronic E- 18 Filing Program pursuant to General Orders 02-15 and 06-16. The Court, having reviewed 19 petitioner’s federal habeas petition, hereby finds and ORDERS as follows: 20 (1) The Clerk shall arrange for service by email upon respondent and upon the 21 Attorney General of the State of Washington: copies of the petition, all documents in support 22 thereof, and this Order. The Clerk shall also direct a copy of this Order and of the Court’s pro se 23 instruction sheet to petitioner. 24 ORDER FOR SERVICE AND ANSWER, § 2254 PETITION - 1 1 (2) Within forty-five (45) days after such service, respondent(s) shall file and serve an 2 answer in accordance with Rule 5 of the Rules Governing Section 2254 Cases in United States 3 District Courts. As part of such answer, respondent(s) shall state whether petitioner has 4 exhausted available state remedies and whether an evidentiary hearing is necessary. 5 Respondent(s) shall not file a dispositive motion in place of an answer without first showing 6 cause as to why an answer is inadequate. Respondent(s) shall file the answer with the Clerk of 7 the Court and serve a copy of the answer on petitioner. 8 9 (3) The answer will be treated in accordance with LCR 7. Accordingly, on the face of the answer, respondent(s) shall note it for consideration on the fourth Friday after filing. 10 Petitioner may file and serve a response not later than the Monday immediately preceding the 11 Friday designated for consideration of the matter, and respondent(s) may file and serve a reply 12 not later than the Friday designated for consideration of the matter. 13 (4) 14 All attorneys admitted to practice before this Court are required to file documents 15 electronically via the Court’s CM/ECF system. Petitioner shall file all documents electronically. 16 All filings must indicate in the upper right hand corner the name of the magistrate judge to whom 17 the document is directed. 18 Filing by Parties, Generally Any document filed with the Court must be accompanied by proof that it has been served 19 upon all parties that have entered a notice of appearance in the underlying matter. Petitioner 20 shall indicate the date the document is submitted for e-filing as the date of service. 21 (5) 22 Any request for court action shall be set forth in a motion, properly filed and served. 23 Motions Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a 24 ORDER FOR SERVICE AND ANSWER, § 2254 PETITION - 2 1 part of the motion itself and not in a separate document. The motion shall include in its caption 2 (immediately below the title of the motion) a designation of the date the motion is to be noted for 3 consideration on the Court’s motion calendar. 4 (6) 5 No direct communication is to take place with the District Judge or Magistrate Judge with 6 7 Direct Communications with District Judge or Magistrate Judge regard to this case. All relevant information and papers are to be directed to the Clerk. Dated this 16th day of October, 2017. A 8 9 J. Richard Creatura United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER FOR SERVICE AND ANSWER, § 2254 PETITION - 3

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