Opinion
Civ. No. 19-17691 (NLH)
02-04-2021
MICHAEL PAVLYIK, Petitioner, v. PATRICK NOGAN, Respondent.
APPEARANCES: Michael Pavlyik 695073 East Jersey State Prison Lock Bag R Rahway, NJ 07065 Petitioner Pro se Christine A. Hoffman, Acting Gloucester County Prosecutor Dana R. Anton, Acting Senior Assistant Prosecutor Office of the County Prosecutor P.O. Box 623 Woodbury, NJ 08096 Attorneys for Respondent
MEMORANDUM OPINION & ORDER
APPEARANCES: Michael Pavlyik
695073
East Jersey State Prison
Lock Bag R
Rahway, NJ 07065
Petitioner Pro se Christine A. Hoffman, Acting Gloucester County Prosecutor
Dana R. Anton, Acting Senior Assistant Prosecutor
Office of the County Prosecutor
P.O. Box 623
Woodbury, NJ 08096
Attorneys for Respondent HILLMAN, District Judge
WHEREAS, Petitioner Michael Pavlyik filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, see ECF No. 1; and
WHEREAS, the Court ordered Respondent to answer on July 8, 2020, see ECF No. 6; and
WHEREAS, the order directed Respondents to "respond to each factual and legal allegation of the Amended Petition, in accordance with Habeas Rule 5(b)." Id.; and
WHEREAS, the order directed that "Respondents' answer shall adhere to the requirements of Habeas Rule 5(c) and (d) in providing the relevant state court record of proceedings, including any pro se filings," id.; and
WHEREAS, Habeas Rule 5(c) directs Respondent to "indicate what transcripts (of pretrial, trial, sentencing, or post-conviction proceedings) are available, when they can be furnished, and what proceedings have been recorded but not transcribed. The respondent must attach to the answer parts of the transcript that the respondent considers relevant." 28 U.S.C. § 2254 Rule 5(c); and
WHEREAS, Rule 5(d) directs Respondent to include all briefs submitted by the Petitioner to the state courts; and
WHEREAS, Respondent's exhibits consist of the judgment of conviction, the Appellate Division decision on direct appeal, and the Appellate Division decision on post-conviction review. ECF No. 10-1. No transcripts have been submitted. Respondent also has not submitted the decision of the court denying Petitioner's post-conviction relief motion; and
WHEREAS, the Court finds that the submitted answer does not conform to this Court's order and the Rules Governing § 2254 Proceedings,
THEREFORE, IT IS on this 4th day of February, 2021
ORDERED that Respondent shall file an amended answer within 45 days of this order. The amended answer shall comply with the Court's July 8, 2020 order and the Rules Governing § 2254 Proceedings; and it is further
ORDERED that Petitioner may have 45 days from receipt of the amended answer to file a response; and it is finally
ORDERED that the Clerk shall send Petitioner a copy of this Order by regular mail.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey