UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

MR. ADOLPHUS DOWNS, :

Civil Action No. 10-3158 (WJM)

Petitioner, :

v. : O R D E R

DONALD MEE, 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); 

IT IS on this 20th day of September, 2010;

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 by certified mail, return receipt

requested, with all costs of service advanced by the United

States; and it is further

ORDERED that Respondents shall electronically file a full

and complete answer to said Petition within 45 days of 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 address the

allegations of the Petition by each paragraph and subparagraph,
and shall adhere to the requirements of 28 U.S.C. § 2254 Rule 5;

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; 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 the answer shall indicate what transcripts (of

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

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 parts of

the transcript that the Respondents consider relevant and, if a

transcript cannot be obtained, Respondents may submit a narrative

summary of the evidence, see 28 U.S.C. § 2254 Rule 5(c); 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

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dispositive orders relating to the conviction or the sentence,

see 28 U.S.C. § 2254 Rule 5(d); and it is further

ORDERED that the answer shall contain an index of exhibits;

and it is further

ORDERED that Respondents shall file the answer, the

exhibits, and the list of exhibits electronically; and it is

further

ORDERED that Petitioner shall file and serve a reply to the

answer within 45 days of Petitioner’s receipt of same, see 28

U.S.C. § 2254 Rule 5(e); and it is further

ORDERED that, within 7 days of Petitioner's release, be it

on parole or otherwise, Respondents shall electronically file a

written notice of the same with the Clerk; and it is finally

ORDERED that the Clerk shall serve this Order on Petitioner

by regular mail. 

s/William J. Martini

 

 WILLIAM J. MARTINI

United States District Judge

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