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Franek v. Centre County Court of Common Pleas

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


March 27, 2007

STEPHEN R. FRANEK, PETITIONER
v.
CENTRE COUNTY COURT OF COMMON PLEAS, ET AL., RESPONDENTS

The opinion of the court was delivered by: Judge Kosik

ORDER

NOW, THIS 27th DAY OF MARCH, 2007, IT IS HEREBY ORDERED THAT:

1. Within twenty (20) days of the date of this order, Respondents shall answer the allegations in the petition for writ of habeas corpus.*fn1 Consistent with Rule 5 of the Rules Governing § 2254 Cases in the United States Courts, the answer shall:

(a) state whether the Petitioner has exhausted state remedies available under state law with respect to each claim presented, including any post-conviction remedies;

(b) be accompanied by those portions of any transcripts the Respondents deem relevant to disposing of the claims raised in the petition;

(c) indicate what other proceedings that might be relevant to the petition have been recorded but have not yet been transcribed;

(d) be accompanied by copies of any of the Petitioner's briefs on appeal, either from the judgment of conviction or from an adverse decision in a post-conviction proceeding; copies of any opinions of the appellate courts in those proceedings; and any PCRA petitions.

2. Respondent shall file a memorandum of law with the answer. The memorandum shall set forth the relevant facts and procedural history of the case, a recommended disposition of the petition, and citations to pertinent case law.

3. Petitioner shall, if he so desires, file a reply brief within fifteen (15) days of receipt of the Respondent's filings.

4. A determination whether the Petitioner should be produced for a hearing will be held in abeyance pending the filing of Respondent's answer and memorandum of law, and, if any, the Petitioner's reply.

5. Petitioner's Motion Directing Respondents to File a Response (Doc. 22) is denied as moot.

6. Petitioner's Motion for Court Order (Doc. 23) is denied*fn2.

Edwin M. Kosik United States District Judge


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