Dever v. Wilkinson, No. 6:2012cv00353 - Document 3 (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 9/21/2012) (Re: 1 PETITION for Writ of Habeas Corpus - 2254 ) (sjw, Chambers)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA Lorance R. Dever, Petitioner, v. Tim Wilkinson, Respondent. ) ) ) ) ) ) ) ) ) CIV-12-353-JHP-KEW OPINION AND ORDER Petitioner has filed a petition for a writ ofhabeas 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 ~ay of August, 2012.
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