Opinion
CASE NO. C02-2243R.
January 2, 2003
ORDER FOR SERVICE AND RETURN, 28 U.S.C. § 2254 HABEAS CORPUS AMENDED PETITION
Petitioner is proceeding pro se in this 28 U.S.C. § 2254 habeas corpus action. Having reviewed the Amended Petition, service is hereby ORDERED:
(1) The Clerk shall arrange for service by certified mail upon respondent and upon the Attorney General of the State of Washington, of copies of the Amended Petition (Doc. 5) and any attachments thereto, and of this Order. The Clerk shall also direct a copy of this Order to petitioner.
(2) Within forty-five (45) days after such service, respondent shall file and serve an Answer in accordance with Rule 5 of the Rules Governing Section 2254 Cases in United States District Courts. As part of such Answer, respondent should state whether petitioner has exhausted available state remedies, whether an evidentiary hearing is necessary, and whether there is any issue of abuse or delay under Rule 9. Respondent shall not file a dispositive motion in place of an Answer without first showing cause as to why an Answer is inadequate. Respondent shall file the Answer with the Clerk of the Court and serve a copy of the Answer upon petitioner.
(3) The Answer will be treated in accordance with Local Rule CR 7. Accordingly, on the face of the Answer, the respondent shall note it for consideration the fourth Friday after it is filed, and the Clerk shall note the Answer accordingly. Petitioner may file and serve a response not later than on the Monday immediately preceding the Friday appointed for consideration of the matter, and respondent may file and serve a reply brief not later than on the Thursday immediately preceding the Friday designated for consideration of the matter.