Opinion
2:24-cv-00098-JNW-TLF
03-18-2024
MAHAMAD HUSSEIN SAYIDIN, Petitioner, v. JACK WARNER, Respondent.
ORDER FOR SERVICE AND ANSWER, 28 U.S.C § 2254 PETITION
Theresa L. Fricke United States Magistrate Judge.
This is a federal habeas action filed under 28 U.S.C. § 2254. Petitioner is currently incarcerated at Monroe Correctional Complex-SOU and is subject to the Court's Mandatory Electronic E-Filing Initiative pursuant to General Order 02-15 and 0616. The Court, having reviewed petitioner's federal habeas petition, hereby finds and ORDERS as follows:
(1) The Clerk is directed to issue the Notice of Option of Consent to Magistrate Judge Theresa L. Fricke.
(2) The Clerk shall arrange for service by email upon respondent and upon the Attorney General of the State of Washington, of copies of the petition (Dkt. 3), of this Order, and of the petitioner's motion to appoint counsel (Dkt. 4). The Clerk shall also direct a copy of this Order and of the Court's pro se instruction sheet to petitioner.
(3) Within forty-five (45) days after such service, respondent(s) shall file and serve an answer in accordance with Rule 5 of the Rules Governing Section 2254 Cases in United States District Courts. As part of such answer, respondent(s) shall state whether petitioner has exhausted available state remedies and whether an evidentiary hearing is necessary. Respondent(s) shall not file a dispositive motion in place of an answer without first showing cause as to why an answer is inadequate. Respondent(s) shall file the answer with the Clerk of the Court and serve a copy of the answer on petitioner. Respondent is further directed to file a response to the petitioner's motion to appoint counsel (Dkt. 4) by May 3, 2024. Petitioner may file a reply by the noting date, May 10, 2024.
(4) The answer will be treated in accordance with Local Rule LCR 7. Accordingly, on the face of the answer, respondent(s) shall note it for consideration on the fourth Friday after filing. Petitioner may file and serve a response not later than the Monday immediately preceding the Friday designated for consideration of the matter, and respondent(s) may file and serve a reply not later than the Friday designated for consideration of the matter.
(5) Filing by Parties, Generally
All attorneys admitted to practice before this Court are required to file documents electronically via the Court's CM/ECF system. Petitioner shall file all documents electronically. All filings must indicate in the upper right hand corner the name of the magistrate judge to whom the document is directed.
Any document filed with the Court must be accompanied by proof that it has been served upon all parties that have entered a notice of appearance in the underlying matter. Petitioner shall indicate the date the document is submitted for e-filing as the date of service.
(6) Motions
Any request for court action shall be set forth in a motion, properly filed and served. Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a part of the motion itself and not in a separate document. The motion shall include in its caption (immediately below the title of the motion) a designation of the date the motion is to be noted for consideration on the Court's motion calendar.
(7) Direct Communications with District Judge or Magistrate Judge
No direct communication is to take place with the District Judge or Magistrate Judge with regard to this case. All relevant information and papers are to be directed to the Clerk.
Instructions to a Prisoner Pro Se Plaintiff/Petitioner - Mandatory E-Filer
Your suit was filed and has been assigned case number 2:24-cv-98-JNW-TLF. These instructions do not include everything you need to know to pursue your case, but following them may help you avoid common mistakes.
Filing and Serving Generally - After a defendant/respondent has been served with your complaint/petition, all documents and motions you file with the Court will be electronically served on defendant/respondent's attorney (or on defendant/respondent if the defendant/respondent is pro se). All documents and motions you file must contain a Certificate of Service reflecting that you served the defendant/respondent. This is an example of language you may use:
I hereby certify that on [insert date], I submitted a copy of the foregoing document to the law librarian of [insert name of institution] for electronic filing.
[Signature]
You must type or legibly handwrite (with dark ink if possible) your documents on one side of sequentially numbered pages. Any exhibit or discovery material attached to the filing must be referred to in the filing. Any exhibit or discovery material not referred to in your filing or not attached to your filing may be returned to you.
You must place your case number on all documents you file. If you have more than one case and are filing the same document in each case, you must prepare separate documents to file in each case.
You must remove certain personal identifying information in all papers filed with the Court, including: dates of birth, names of minor children, and social security, financial account, passport, and driver license numbers.
Filing Motions - If you want the Court to take an action, you must file a written motion stating what you want the Court to do and provide your reasons for the action. Place the title of your motion in the caption along with a noting date for the Court to review your motion:
• Note these motions for the day they are filed: (1) stipulated, agreed, and joint submissions; (2)request for over-length pleading; (3) reconsideration; (4) default;
• Note these motions three Fridays after filing: (1) other non-dispositive motions; (2) relief fromdeadline; (3) protective order; (4) seal; (5) default (where opposing party has appeared); (6) tocompel discovery; (7) quash.
• Note these motions four Fridays after filing: (1) dispositive motions (dismissal and summaryjudgment); (2) preliminary injunctions.
Change of Address - You must inform the Court and opposing parties promptly if you change your address. If you fail to do so, your case may be dismissed.
Discovery Materials - Do not file discovery materials (i.e., interrogatories, requests for production and/or admissions). If you file a motion to compel discovery, you may attach only the portions of discovery that are relevant to your motion.
Questions About Your Case - Do not write letters to the District Judge or Magistrate Judge asking questions about your case - all communication with the Court should be through motions. Do not write letters to the Clerk asking for instructions on how to handle your case as the Clerk is prohibited from giving legal advice.
Lack of Action - It is important that you take action after you start your lawsuit. If more than one year passes without any activity, the Court may dismiss your case for lack of prosecution.