Schell v. Oklahoma Department of Corrections et al, No. 6:2012cv00203 - Document 17 (E.D. Okla. 2012)
Court Description: OPINION AND ORDER by Magistrate Judge Kimberly E. West, directing Respondent to show cause why the writ should not issue and file a response to the petition( Responses due by 7/18/2012, Replies due by 8/17/2012.)(acg, Deputy Clerk)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA Derek Ryan Schell, Petitioner, v. Marvin Vaughn, Respondent. ) ) ) ) ) ) ) ) CIV-12-203-JHP-KEW OPINION AND ORDER Petitioner has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent is hereby ordered to show cause why the writ should not issue by filing within thirty (30) days an answer to the petition, in accordance with Rule 5 of the Rules Governing Section 2254 Cases. As an alternative to filing a Rule 5 answer, Respondent may file within thirty (30) days a motion to dismiss based upon 28 U.S.C. § 2244, 28 U.S.C. § 2254, or other applicable statute. Extensions of time will be granted for good cause only, and in no event for longer than an additional twenty (20) days. Petitioner may submit a reply to the Respondent s answer or motion within fifteen (15) days after the filing of Respondent s pleading. IT IS SO ORDERED THIS 18th day of June, 2012. _________________________________________ KIMBERLY E. WEST UNITED STATES MAGISTRATE JUDGE
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