PAVLYIK v. NOGAN et al, No. 1:2019cv17691 - Document 19 (D.N.J. 2021)
Court Description: MEMORANDUM OPINION & ORDER directing Respondent to file an amended answer within 45 days of this order; Petitioner may have 45 days from receipt of the amended answer to file a response. Signed by Judge Noel L. Hillman on 2/4/2021. (tf, n.m.)
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PAVLYIK v. NOGAN et al Doc. 19 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ______________________________ : MICHAEL PAVLYIK, : : Petitioner, : Civ. No. 19-17691 (NLH) : v. : MEMORANDUM OPINION & ORDER : : PATRICK NOGAN, : : Respondent. : ______________________________: APPEARANCES: Michael Pavlyik 695073 East Jersey State Prison Lock Bag R Rahway, NJ 07065 Petitioner Pro se Christine A. Hoffman, Acting Gloucester County Prosecutor Dana R. Anton, Acting Senior Assistant Prosecutor Office of the County Prosecutor P.O. Box 623 Woodbury, NJ 08096 Attorneys for Respondent HILLMAN, District Judge WHEREAS, Petitioner Michael Pavlyik filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, see ECF No. 1; and WHEREAS, the Court ordered Respondent to answer on July 8, 2020, see ECF No. 6; and Dockets.Justia.com WHEREAS, the order directed Respondents to “respond to each factual and legal allegation of the Amended Petition, in accordance with Habeas Rule 5(b).” Id.; and WHEREAS, the order directed that “Respondents’ answer shall adhere to the requirements of Habeas Rule 5(c) and (d) in providing the relevant state court record of proceedings, including any pro se filings,” id.; and WHEREAS, Habeas Rule 5(c) directs Respondent to “indicate what transcripts (of pretrial, trial, sentencing, or postconviction proceedings) are available, when they can be furnished, and what proceedings have been recorded but not transcribed. The respondent must attach to the answer parts of the transcript that the respondent considers relevant.” 28 U.S.C. § 2254 Rule 5(c); and WHEREAS, Rule 5(d) directs Respondent to include all briefs submitted by the Petitioner to the state courts; and WHEREAS, Respondent’s exhibits consist of the judgment of conviction, the Appellate Division decision on direct appeal, and the Appellate Division decision on post-conviction review. ECF No. 10-1. No transcripts have been submitted. Respondent also has not submitted the decision of the court denying Petitioner’s post-conviction relief motion; and 2 WHEREAS, the Court finds that the submitted answer does not conform to this Court’s order and the Rules Governing § 2254 Proceedings, THEREFORE, IT IS on this 4th day of February, 2021 ORDERED that Respondent shall file an amended answer within 45 days of this order. The amended answer shall comply with the Court’s July 8, 2020 order and the Rules Governing § 2254 Proceedings; and it is further ORDERED that Petitioner may have 45 days from receipt of the amended answer to file a response; and it is finally ORDERED that the Clerk shall send Petitioner a copy of this Order by regular mail. s/ Noel L. Hillman NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey 3
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