Opinion
No. 3:04-CV-0798-L.
April 23, 2004
ORDER TO SHOW CAUSE AND INSTRUCTIONS TO PARTIES IN A CASE PURSUANT TO 28 U.S.C. § 2254
A petition for a writ of habeas corpus, numbered and styled as above, has been filed in this Court pursuant to the provisions of 28 U.S.C. § 2254. Accordingly, the Court orders as follows:
RESPONDENT'S ANSWER: Respondent is directed to file an answer to the petition within thirty (30) days. See Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Respondent's answer will respond to the merits of the claims asserted in the petition and may also include appropriate defenses, including failure to exhaust available state remedies pursuant to 28 U.S.C. § 2254(b), second or successive petition (abuse of the writ) pursuant to 28 U.S.C. § 2244(b), and/or untimeliness of the petition pursuant to 28 U.S.C. § 2244(d). A true copy of the answer shall be served on Petitioner by mailing such documents to him at the address set out in his petition or to his attorney of record, if any. Respondent shall file a certificate with the Clerk evidencing such service.
PETITIONER'S OPPORTUNITY TO REPLY: Petitioner may file a reply, provided it is filed with the Clerk not more than thirty (30) days after the date of the certificate of service shown on the answer. A reply must be limited to the arguments raised in Respondent's answer and shall not include any new allegations of fact or new grounds for relief. Petitioner shall mail a copy of any reply to counsel for Respondent.
SERVICE OF PETITION AND ORDER: The Clerk shall mail copies of all pleadings, motions, answers to questionnaires and orders in this case to Respondent and the Attorney General for the State of Texas by certified mail unless an agreement has been reached with the government's attorney providing for alternative means of service. The Clerk shall mail a true copy of this order to Petitioner or to his attorney of record.