Free Order to Show Cause - District Court of Connecticut - Connecticut

Case 3:03-cv-00676-WWE

Document 16

Filed 08/03/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

EMMANUEL B. SMITH, JR. v. JOHN TARASCIO, et al.

: : : : :

Case No.

PRISONER 3:03CV676 (RNC)

ORDER TO SHOW CAUSE Pursuant to the court's order, the petitioner has elected to proceed upon the sole exhausted ground in the petition for writ of habeas corpus. The petitioner claims that he was convicted based The

on evidence obtained in violation of the fourth amendment. claim was addressed by the Connecticut Supreme Court in its decision reversing the trial court's ruling granting the

petitioner's motion to suppress evidence seized by police officers at the time of petitioner's arrest and the dismissal of charges against the petitioner. A.2d 182 (2001). See State v. Smith, 257 Conn. 216, 777

Upon the second amended petition of Emmanuel

Smith, Jr., it is hereby ORDERED that the respondents file a response on or before September 5, 2006, showing cause why the relief prayed for in the second amended petition should not be granted and addressing whether the claim in the amended petition is barred by the statute of limitations. It is further ORDERED that service by the United States Marshal of this order, together with a copy of the second amended

Case 3:03-cv-00676-WWE

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Filed 08/03/2006

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petition, on respondents' representative,

Michael E. O'Hare,

Supervisory Assistant State's Attorney, Office of the Chief State's Attorney, 300 Corporate Place, Rocky Hill, CT 06067, on or before August 14, 2006, shall be deemed sufficient. SO ORDERED this 2nd day of August, 2006, at Bridgeport, Connecticut. /s/ _____ Holly B. Fitzsimmons United States Magistrate Judge

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