Crews v. Perkins

Filing 6

ORDER FOR SERVICE AND ANSWER, 28 U.S.C § 2254 PETITION. The Clerk shall arrange for service by email upon respondent and upon the Attorney General of the State of Washington, of copies of the petition (Dkt. 3 ) and of this Order. (This Order, 3 Petition, and Notice of Option to Consent emailed to Attorney General on 9/25/2024). Signed by Judge Theresa L Fricke. (Attachments: # 1 Pro Se Instruction Sheet)**4 PAGE(S), PRINT ALL**(Robert Crews, Prisoner ID: 716505)(MW)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ROBERT LORENZA CREWS,

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Petitioner,

v.
JEFFEREY PERKINS,

Case No. 3:24-cv-05714-BHS-TLF
ORDER FOR SERVICE AND
ANSWER, 28 U.S.C § 2254
PETITION

Respondent.

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

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currently incarcerated at Coyote Ridge Corrections Center and is subject to the Court’s

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Mandatory Electronic E-Filing Initiative pursuant to General Order 02-15 and 06-16.

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The Court, having reviewed petitioner’s federal habeas petition, hereby finds and

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ORDERS as follows:

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(1)

The Clerk is directed to issue the Notice of Option of Consent to

Magistrate Judge Theresa L. Fricke.
(2)

The Clerk shall arrange for service by email upon respondent and upon

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the Attorney General of the State of Washington, of copies of the petition (Dkt. 3) and of

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this Order. The Clerk shall also direct a copy of this Order and of the Court’s pro se

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instruction sheet to petitioner.

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(3)

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

serve an answer in accordance with Rule 5 of the Rules Governing Section 2254 Cases

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ORDER FOR SERVICE AND ANSWER, 28 U.S.C §
2254 PETITION - 1

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in United States District Courts. As part of such answer, respondent(s) shall state

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whether petitioner has exhausted available state remedies and whether an evidentiary

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hearing is necessary. Respondent(s) shall not file a dispositive motion in place of an

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answer without first showing cause as to why an answer is inadequate. Respondent(s)

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shall file the answer with the Clerk of the Court and serve a copy of the answer on

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petitioner.

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(4)

The answer will be treated in accordance with Local Rule LCR 7.

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Accordingly, on the face of the answer, respondent(s) shall note it for consideration no

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earlier than 28 days after filing. Petitioner may file and serve a response not later than

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21 days after the filing date of the answer, and respondent(s) may file and serve a reply

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not later than 28 days after the filing date of the answer.

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(5)

Filing by Parties, Generally

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

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electronically via the Court’s CM/ECF system. Petitioner shall file all documents

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electronically. All filings must indicate in the upper right hand corner the name of the

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magistrate judge to whom the document is directed.

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Any document filed with the Court must be accompanied by proof that it has

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been served upon all parties that have entered a notice of appearance in the underlying

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matter. Petitioner shall indicate the date the document is submitted for e-filing as the

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date of service.

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(6)

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

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Motions

served. Pursuant to LCR 7(b), any argument being offered in support of a motion shall

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ORDER FOR SERVICE AND ANSWER, 28 U.S.C §
2254 PETITION - 2

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be submitted as a part of the motion itself and not in a separate document. The motion

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shall include in its caption (immediately below the title of the motion) a designation of

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the date the motion is to be noted for consideration on the Court’s motion calendar.

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(7)

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

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Judge with regard to this case. All relevant information and papers are to be directed to

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the Clerk.

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Dated this 25th day of September, 2024.

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A

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Theresa L. Fricke
United States Magistrate Judge

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ORDER FOR SERVICE AND ANSWER, 28 U.S.C §
2254 PETITION - 3