`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW MEXICO
`
`
`
`
`ANTHONY JOHN MORRIS,
`
`
`Petitioner,
`
`No. CV 17-325 JP/CG
`
`
`v.
`
`RON HAYNES,
`
`
`Respondent.
`
`
`
`
`
`ORDER TO ANSWER
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`THIS MATTER is before the Court, pursuant to Rule 4 of the Rules Governing
`
`Section2 254 Cases in the United States District Courts, on Petitioner’s application under
`
`28 U.S.C. § 2254 for writ of habeas corpus, (Doc. 1). The Court has examined Petitioner’s
`
`application and determined that it is not subject to summary dismissal. Accordingly,
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`Respondent Ron Haynes is directed to file an answer, motion, or other response.
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`IT IS THEREFORE ORDERED that the Clerk of the Court is directed to forward
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`copies of this Order and the application and supporting papers and exhibits, if any, to
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`Respondent and the New Mexico Attorney General;
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`IT IS FURTHER ORDERED that Respondent answer the application by
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`November 29, 2017. Respondent’s answer shall advise, but is not limited to, whether
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`Petitioner has exhausted his state court remedies as to the issues raised in the federal
`
`application. Respondent shall attach to his answer copies of any pleading pertinent to the
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`issue of exhaustion which was filed by Petitioner in the sentencing court, the state district
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`court, the state court of appeals and the state supreme court, together with copies of all
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`memoranda filed by both parties in support of or in response to those pleadings.
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`Respondent shall also attach to the answer copies of all state court findings and
`
`
`
`Case 1:17-cv-00325-JAP-CG Document 7 Filed 10/30/17 Page 2 of 2
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`conclusions, docketing statements, and opinions issued in Petitioner’s state court
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`post-conviction or appellate proceedings. The answer must describe the procedural
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`history of each claim that Respondent contends is unexhausted and identify the State
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`procedures that are currently available to Applicant.
`
`
`
`
`
`
`
`________________________________
`THE HONORABLE CARMEN E. GARZA
`UNITED STATES MAGISTRATE JUDGE
`
`
`
`
`2
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`
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