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28 ORDER FOR SERVICE AND RETURN, 2254 PETITION - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

JOHN FLORA,

Petitioner,

v.

SANDRA CARTER,

Respondent.

Case No. C06-5020RBL

 ORDER CHANGING CASE

CAPTION AND DIRECTING

SERVICE AND RETURN,

§ 2254 PETITION

The petitioner in this action is seeking federal habeas corpus relief pursuant to 28 U.S.C. §

2254. This case has been referred to the undersigned Magistrate Judge pursuant to Title 28 U.S.C.

§§ 636 (b) (1) (A) and 636 (b) (1) (B) and Local Magistrates’ Rules MJR 3 and MJR 4.

When the petition was filed the court noted the petition did not name a proper respondent

and entered an order to amend. (Dkt. # 6). Petitioner replied by letter indicating the Superintendent

of the facility where he is incarcerated is Sandra Carter. (Dkt. # 7). 

The clerk is directed to change the case caption in this action to reflect Sandra Carter is the

proper respondent. An amended petition is not needed.

(1). The clerk shall arrange for service by certified mail upon respondent, a copy of the

petition, of all documents in support thereof, and of this Order, a copy of the Notice of Initial

Assignment and Consent to Proceed before a United States Magistrate Judge. All costs of service

Case 3:06-cv-05020-RBL Document 8 Filed 03/17/06 Page 1 of 2
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28 ORDER FOR SERVICE AND RETURN, 2254 PETITION - 2

shall be advanced by the United States. The Clerk shall assemble the necessary documents to effect

service. The Clerk shall send petitioner a copy of this Order, the General Order, a copy of the

Notice of Initial Assignment and Consent to Proceed before a United States Magistrate Judge. The

clerk will also sen a courtesy copy of the petition to the Washington State Attorney General’s Office

Criminal Justice Division. 

(2) Within forty-five (45) days after such 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, respondents should state whether petitioner has exhausted available

state remedies, whether an evidentiary hearing is necessary, and whether there is any issue of abuse

of delay under Rule 9. Respondent shall not file a dispositive motion in place of an answer without

first showing cause as to why an answer is inadequate. Respondent shall file the answer with the

Clerk of Court and serve a copy of the answer upon petitioner.

(3) The answer will be treated in accordance with Local Rule CR 7. Accordingly, upon

 receipt of the Answer the Clerk will note the matter for consideration on the fourth Friday after the

answer is filed, petitioner may file and serve a response not later than on the Monday immediately

preceding the Friday appointed for consideration of the matter, and respondent may file and serve a

reply brief not later than on the Thursday immediately preceding the Friday designated for

consideration of the matter.

DATED this 16th day of March, 2006. 

/S/ J. Kelley Arnold

J. Kelley Arnold

United States Magistrate Judge

Case 3:06-cv-05020-RBL Document 8 Filed 03/17/06 Page 2 of 2