Opinion
CASE NO. C02-2547C
January 17, 2003
ORDER FOR SERVICE AND RETURN, § 2254 PETITION
(1) The Clerk shall arrange for service by certified mail upon respondent and the Attorney General of copies of the petition, of all documents in support thereof, and of this Order, and shall direct a copy of this Order and of the General Order to petitioner.
(2) Within forty-five days after service, respondent shall file and serve an Answer, in accordance with Rule 5 of the Rules Governing § 2254 Cases in United States District Courts. As part of such Answer, respondent shall state (a) whether petitioner has exhausted available state remedies, (b) whether there is any issue of abuse or delay under Rule 9, and (c) whether an evidentiary hearing is required. Respondent shall not file a motion for summary judgment in place of an Answer without first showing cause why an answer is inadequate.
(3) The Answer shall be treated in accordance with Local Rule CR 7. Accordingly, on the face of the Answer, respondent shall note it for consideration on the fourth Friday after filing. Petitioner may file and serve a response not later than the Monday preceding the Friday appointed for consideration of the matter, and respondent may serve a reply not later than the Thursday immediately preceding the appointed Friday.
(4) Respondent shall file the Answer and a copy thereof with the Clerk of Court, and shall serve copies of all documents upon petitioner.
(5) The Clerk shall direct copies of this Order to petitioner and to the Honorable John C. Coughenour.