UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

PATRICK PANTUSCO, :

:

Petitioner, : Civil No. 11-0680 (SDW)

:

v. : ORDER TO ANSWER

:

MR. LAGANA, et al., :

:

Respondents. :

A Petition for Writ of Habeas Corpus having been filed in

the above action pursuant to 28 U.S.C. § 2254, and notice having

been given pursuant to Mason v. Meyers, 208 F.3d 414 (3d Cir.

2000), and Petitioner having failed to respond,

IT IS on this 25 day of April, 2011, th

ORDERED that the Clerk of the Court shall serve copies of

the Petition, this Order, and all other documents docketed in

this matter upon Respondents and the Attorney General of the

State of New Jersey, by certified mail, return receipt requested,

with all costs of service advanced by the United States; and it

is further

ORDERED that, in accordance with Rule 4 of the Rules

Governing § 2254 Cases, this Court has examined the Petition and

determined that dismissal prior to submission of an answer and

the record is not warranted; and it is further

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ORDERED that Respondents shall electronically file a full

and complete answer to said Petition within 30 days after the

entry of this Order, see Ukawabutu v. Morton, 997 F.Supp. 605

(D.N.J. 1998); and it is further

ORDERED that Respondents’ answer shall respond to the

factual and legal allegations of the Petition by each paragraph

and subparagraph and shall adhere to Rule 5 of the Rules

Governing Section 2254 Cases; and it is further

ORDERED that all non-jurisdictional affirmative defenses

subject to waiver, such as timeliness, not raised in Respondents’

answer or at the earliest practicable moment thereafter will be

deemed waived, see Rule 5(b) of the Rules Governing § 2254 Cases;

and it is further

ORDERED that the answer shall address the merits of each

claim raised in the Petition, see 28 U.S.C. § 2254(b)(2); and it

is further

ORDERED that Respondents’ answer shall address, with respect

to each claim raised in the Petition, whether Petitioner has made

a substantial showing of the denial of a constitutional right

justifying issuance of a certificate of appealability, see 28

U.S.C. § 2253(c)(2); and it is further

ORDERED that the answer shall indicate what transcripts (of

pre-trial, trial, sentencing, or post-conviction proceedings) are

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available, when they can be furnished, and what proceedings have

been recorded but not transcribed; and it is further

ORDERED that Respondents shall attach to the answer such

parts of the transcript as Respondents consider relevant and, if

a transcript cannot be obtained, Respondents may submit a

narrative summary of the evidence, see Rule 5(c) of the Rules

Governing § 2254 Cases; and it is further

ORDERED that Respondents shall file with the answer a copy

of: (1) any brief that Petitioner submitted in an appellate court

contesting the conviction or sentence, or contesting an adverse

judgment or order in a post-conviction proceeding, (2) any brief

that the prosecution submitted in an appellate court relating to

the conviction or sentence, and (3) the opinions and dispositive

orders relating to the conviction or the sentence, see Rule 5(d)

of the Rules Governing § 2254 Cases; and it is further

ORDERED that the answer shall contain an index of exhibits;

and it is further

ORDERED that Respondents shall electronically file the

answer, the exhibits, and the list of exhibits; and it is further

ORDERED that all exhibits to the Answer must be identified

by a descriptive name in the electronic filing entry, for

example:

“Exhibit #1 Transcript of [type of proceeding] held on

XX/XX/XXXX” or 

3

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“Exhibit #2 Opinion entered on XX/XX/XXXX by Judge

YYYY”; 

and it is further

ORDERED that Petitioner may file and serve a reply to the

answer within 30 days after Respondents file the answer, see Rule

5(e) of the Rules Governing § 2254 Cases; and it is further

ORDERED that, within 7 days after any change in Petitioner’s

custody status, be it release or otherwise, Respondents shall

electronically file a written notice of the same with the Clerk

of the Court; and it is further

ORDERED that the Clerk of the Court shall serve this Order

on Petitioner by regular mail.

s/Susan D. Wigenton 

 Susan D. Wigenton

United States District Judge

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