Opinion
Case No. 05-CV-71677-DT.
January 20, 2006
ORDER GRANTING PETITIONER'S SECOND MOTION TO PROCEED AND REQUIRING RESPONSIVE PLEADING AND RULE 5 MATERIALS
This matter is before the court on Petitioner's second "Motion to Proceed." On June 30, 2005, this court issued an order re-opening this case to allow Petitioner to proceed only on his exhausted claims and requiring Respondent to file a responsive pleading and the Rule 5 materials by December 26, 2005. Petitioner now seeks an order directing Respondent to file the Rule 5 materials and asks the court to adjudicate his claims. Respondent has filed no responsive pleading or Rule 5 materials, and thus failed to comply with the court's June 30, 2005 order. A responsive pleading and the Rule 5 materials are necessary for the proper adjudication of this matter. Accordingly,
IT IS ORDERED that Petitioner's second Motion to Proceed [Dkt. # 9] is GRANTED. Respondent shall file a responsive pleading addressing the merits of Petitioner's exhausted claims within 21 days of the date of this order. Petitioner shall then have 42 days from the date of the responsive pleading to submit a reply.
IT IS FURTHER ORDERED that, as part of the answer, Respondent shall file with the Clerk a copy of the relevant transcripts, the relevant appellate briefs submitted by Petitioner and the prosecution, and the state court opinions and orders as required by Rule 5. A separate index listing the materials being submitted shall also be filed.