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Zheng v. Chertoff

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


February 28, 2008

LUO FEI ZHENG, PETITIONER
v.
MICHAEL CHERTOFF, ET AL., RESPONDENTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 28th day of February, 2008, upon consideration of petitioner's unopposed motion (Doc. 7) to amend petition for writ of habeas corpus, it is hereby ORDERED that:

1. The motion (Doc. 7) is GRANTED.

2. The Clerk of Court is directed to NOTE on the docket that respondents Martin C. Carlson and Rodney Penner are TERMINATED as they are not named in the amended petition.

3. The Clerk of Court is directed to NOTE on the docket the ADDITION of respondent Thomas Hogan.

4. The Clerk of Court is further directed to serve copies of the amended petition (Doc. 8), the motion for temporary restraining order (Doc. 9), and this order by certified mail on respondents and the United States Attorney. See R. GOVERNING § 2254 CASES R. 1(b), 4.*fn1 All documents filed by the parties and by the court shall be served upon the United States Attorney.

5. Respondents shall file, within twenty days from the date of this order*fn2 , an answer to the amended petition (Doc. 8). See R. GOVERNING § 2254 CASES R. 1(b), 5(b)-(d) (explaining required contents of answer and supporting materials).

6. Petitioner shall be permitted to file, within fifteen days of the date on which the answer is filed, a reply to the answer. See R. GOVERNING § 2254 CASES R. 1(b), 5(e).

7. The court will decide whether to hold a hearing on the basis of the petition, respondents' answer, and, if filed, petitioner's reply.


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