Scribd Logo
Upload

Welcome to Scribd!

  • 69 views

    ROBINSON v. CROSBY - Document No. 7

    Uploaded by

    Justia.com
    ORDER directing the clerk to serve copies of 1 Petition for Writ of Habeas Corpus to Respondent and Attorney General - (Response due by 12/21/2005) (reply to response due by 1/23/06) Notify Chambers on 1/30/2006 . Signed by Judge ALLAN KORNBLUM on 10/21/05. (bkp, Gainesville) 4:2005cv00376 Florida Northern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd

    ROBINSON v. CROSBY - Document No. 7

    Uploaded by

    Justia.com
    69 views2 pages
    ORDER directing the clerk to serve copies of 1 Petition for Writ of Habeas Corpus to Respondent and Attorney General - (Response due by 12/21/2005) (reply to response due by 1/23/06) Notify Chambers on 1/30/2006 . Signed by Judge ALLAN KORNBLUM on 10/21/05. (bkp, Gainesville) 4:2005cv00376 Florida Northern District Court

    Copyright

    © Public Domain

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    ORDER directing the clerk to serve copies of 1 Petition for Writ of Habeas Corpus to Respondent and Attorney General - (Response due by 12/21/2005) (reply to response due by 1/23/06) Notify Chambers on 1/30/2006 . Signed by Judge ALLAN KORNBLUM on 10/21/05. (bkp, Gainesville) 4:2005cv00376 Florida Northern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    69 views2 pages

    ROBINSON v. CROSBY - Document No. 7

    Uploaded by

    Justia.com
    ORDER directing the clerk to serve copies of 1 Petition for Writ of Habeas Corpus to Respondent and Attorney General - (Response due by 12/21/2005) (reply to response due by 1/23/06) Notify Chambers on 1/30/2006 . Signed by Judge ALLAN KORNBLUM on 10/21/05. (bkp, Gainesville) 4:2005cv00376 Florida Northern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    ROBINSON v. CROSBY Doc.

    7
    Case 4:05-cv-00376-MP-AK Document 7 Filed 10/21/2005 Page 1 of 2

    Page 1 of 2

    IN THE UNITED STATES DISTRICT COURT FOR THE


    NORTHERN DISTRICT OF FLORIDA
    TALLAHASSEE DIVISION

    JAMES H. ROBINSON,

    Petitioner,
    v. CASE NO. 4:05-cv-00376-MP-AK

    JAMES V. CROSBY,

    Respondent.
    ___________________________/

    ORDER

    This matter is before the Court on Doc. 1, Petition for Writ of Habeas Corpus, by James

    H. Robinson. By separate order, the Court granted Petitioner leave to proceed IFP. The Court

    has reviewed the petition, and Respondent will be required to file an answer or other pleading

    within the time set by this order. See § 2254 Rules 4 and 5. If an answer is filed, it shall be in

    compliance with § 2254 Rule 5. If a response is filed which raises a procedural argument not

    going to the merits, Respondent may await a ruling on that defense before filing an answer on

    the merits. Alternatively, Respondent may proceed directly to the merits without necessarily

    waiving the exhaustion requirement. See 28 U.S.C. §§ 2254(b)(2) and 2254(b)(3).

    Petitioner may file a response to Respondent’s arguments within the time set by this

    order, but he is not required to do so. Upon receipt of the Respondent’s arguments and

    Petitioner’s response (if any), the court will review the file to determine whether an evidentiary

    hearing is required. An evidentiary hearing will not be required unless consideration of disputed

    Dockets.Justia.com
    Case 4:05-cv-00376-MP-AK Document 7 Filed 10/21/2005 Page 2 of 2

    Page 2 of 2

    evidence outside the state court record appears necessary to the court. If it is determined that an

    evidentiary hearing is not required, the court will dispose of the petition as justice requires

    pursuant to § 2254 Rule 8(a).

    Accordingly, it is ORDERED:

    That the clerk shall furnish by certified mail, return receipt requested, a copy of the

    petition for writ of habeas corpus, Document 1, and this order to Respondent and the Attorney

    General of the State of Florida;

    Respondent shall file an answer or other pleading on or before December 21, 2005;

    Petitioner shall have until January 23, 2005, to file a response, if desired.

    DONE AND ORDERED this 21st day of October, 2005.

    s/ A. KORNBLUM
    ALLAN KORNBLUM
    UNITED STATES MAGISTRATE JUDGE

    Case No: 4:05-cv-00376-MP-AK

    You might also like