Opinion
No. C03-5018FDB
January 15, 2003
ORDER OF REFERENCE WRIT OF HABEAS CORPUS
THIS MATTER comes before the above-entitled court on Petitioner's petition for Writ of Habeas Corpus. It is hereby ORDERED that the matter is REFERRED to the United States Magistrate Judge J. KELLEY ARNOLD pursuant to Title 28 U.S.C. § 636(b)(1)(A) and 636(b)(1)(B), and local Magistrate's Rules MR3 and MR4. All further proceedings in this matter shall be in accordance with Title 28 U.S.C. § 2254, the rules governing § 2254 cases in the United States District Court, the Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the Western District of Washington; specifically including, but not limited to the following:
(A) All original documents submitted for consideration shall be filed with the Clerk of this Court and served upon all parties or, if appearance has been entered by counsel, upon counsel, and all documents filed with the Clerk shall include proof of service pursuant to Federal Rules of Civil Procedure 5 and Local Rules CR5(a) through (f);
(B) Any requests for court action shall be set forth in a motion properly noted and accompanied by supporting memoranda pursuant to Local Rules CR6 and CR7.
The Magistrate Judge shall make the following determinations:
1. Service
The Magistrate Judge shall address the merits to determine whether a cause of action is stated sufficient to allow service to be ordered and either direct that service be made or advise the Court through a Report and Recommendation that service not be ordered.
2. Report and Recommendation on Merits
After service has barn made and the matter is at issue, the Magistrate Judge shall direct a Report and Recommendation to the undersigned Judge addressing whether the cause ought to be dismissed or the requested relief granted.
The Clerk of the Court shall direct copies of this Order to the petitioner, all parties and the above-named United States Magistrate Judge.