MINOR v. HASTINGS et al
| DAVID MINOR |
| BEVERLY HASTINGS and THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY |
| 2:2013cv00558 |
| January 28, 2013 |
| US District Court for the District of New Jersey |
| Newark Office |
| Union |
| Jose L. Linares |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
2
MEMORANDUM OPINION,NOTICE AND ORDER - ORDERED that Petitioner's implied application to proceed in this matter in forma pauperis is granted; ORDERED that Petitioner has 45 days from the entry of this Memorandum Opinion, Notice and Order to file w ith the Clerk a letter or other written response to his signed by Petitioner advising the Court how petitioner would like to proceed with regard to his options ensuing from the holding of Mason v. Meyers, 208 F.3d 414; ORDERED that petiitoner has 4 5 days from the entry of this Memorandum Opinion, Notice and Order to file with the Clerk a letter or other written response signed by Petitioner advising the Court whether Petitioner wishes to seek stay and abeyance under the holding of Rhines v. We ber, 544 U.S. 269; ORDERED that in the event the Court receives no letter or other written response signed by Petitioner within 45 days from the entry of this Memorandum Opinion, Notice and Order, the Court will rule on the Petition "as is" ,addressing only Petitioner's first three Grounds and deeming Petitioner's fourth Ground withdrawn and all other challenges forfeited; ORDERED that the Clerk shall serve this Memorandum Opinion, Notice and Order upon Respondents by certifi ed mail, return receipt requested and duplicate that service by means of electronic delivery uponb the Office of the Attorney General for the State of New Jersey. The electronic notice shall state, on the "subject" line, "COUNSEL APPE ARANCE AND LIMITED ANSWER REQUIURED", ORDERED that, within 45 days from the date of entry of this Memorandum Opinion, Notice and Order, Respondents shall file a limited answer to the Petition consisting of: (1) all counseled and pro se briefs th at Petitioner submitted in a trial-level or appellate court contesting his conviction or sentence, or contesting an adverse judgement or order in a post-conviction proceeding;2) any brief tha the prosecution submitted in a trial-level or appellate c ourt relating to the conviction or sentence; (3) all opinions and dispositive orders issued by the state courts in relation to Petitioner's conviction or sentence, be these opinions and orders rendered during direct appellate or post-conviction proceedings; and (4) full transcript of Petitioner's trial, as well as the transcripts of his pre-trial and post-conviction relief hearings, if any such hearings were held; ORDERED that the limited answer shall be accompanied by an index of the aforesaid exhibits. The index shall refer to each exhibit by the docket entry of each exhibit, as these docket entries are made in the instant matter, not in the state courts; ORDERED that Respondents shall file such limited answer and the index of exhibits electronically; and it is finally ORDERED that the Clerk shall serve this Memorandum Opinion, Notice and Order upon Petitioner by certified mail, return receipt requested. re 1 Petition for Writ of Habeas Corpus filed by DAVID MINOR. Signed by Judge Jose L. Linares on 3/18/13. (dr, )
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