UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Gerard Joseph Bean

v. Civil No. 07-cv-328-JL

Larry Blaisdell, Warden,

Northern New Hampshire

Corectional Facility

O R D E R

Gerard Joseph Bean has filed a petition for a writ of habeas

corpus pursuant to 28 U.S.C. § 2254 (document nos. 8-10, 17, 20,

21, 28 & 46).1 Preliminary review of this matter has now been

conducted. See Rule 4 of the Rules Governing Section 2254 Cases

in the United States District Courts (“§ 2254 Rules”); United

States District Court District of New Hampshire Local Rules

(“LR”) 4.3(d)(2). The petition includes eight claims, identified

1Bean filed his original petition on November 29, 2007

(document no. 8). Bean filed addenda to the petition on December

7, 2007 (document no. 9), December 10, 2007 (document no. 10),

February 5, 2008 (document no. 17), March 4, 2008 (document no.

20), March 20, 2008 (document no. 21), and June 23, 2008

(document no. 28). This Court also requested documents regarding

exhaustion of Bean’s claims directly from the New Hampshire

Supreme Court. Those documents have been received and docketed

in this matter (document no. 46). All of these pleadings and

documents will be considered, in the aggregate, to constitute the

habeas petition in this matter.

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as claims 2-8 and 10 in the Report and Recommendation issued on

February 3, 2010 (document no. 48). Bean has demonstrated

exhaustion of each of these eight claims, and the petition may be

considered. See 28 U.S.C. § 2254(a) and (b) (providing that the

writ “shall not be granted” unless petitioner is in state custody

and has exhausted all available or effective state remedies). I,

therefore, order the petition to be served on respondents. See §

2254 Rules 4. 

The petition shall be served upon Respondent, which shall

file an answer or other pleading in response to the allegations

made therein. See id. (requiring reviewing judge to order a

response to the petition). The Clerk’s office is directed to

serve the New Hampshire Office of the Attorney General as

provided in the Agreement On Acceptance Of Service, copies of

this Order and the habeas petition (document nos. 8-10, 17, 20,

21, 28 & 46). 

Respondent shall answer or otherwise plead within thirty

(30) days of the date of this Order. The answer shall comply

with the requirements of § 2254 Rule 5 (setting forth required

contents of the answer). Upon receipt of the response, the Court

will determine whether a hearing is warranted. See § 2254 Rule 8

2

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(providing circumstances under which a hearing is appropriate). 

Petitioner is referred to Fed. R. Civ. P. 5, which requires

that every pleading, written motion, notice, and similar paper,

after the petition, shall be served on all parties. Such service

is to be made by mailing the material to the parties’ attorneys. 

SO ORDERED. 

_________________________________

James R. Muirhead

United States Magistrate Judge

Date: April 13, 2010

cc: Gerard Joseph Bean, pro se

JM:jba

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