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15-5879 - BIBAUD v. MARTINEZ et al

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15-5879 - BIBAUD v. MARTINEZ et al
April 11, 2018
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ronically file a written notice of the same with the Clerk of the Court.. Signed by Judge Freda L. Wolfson on 4/11/2018. (mps)MEMORANDUM AND ORDER that the Clerk of the Court shall serve, pursuant to Rule 4 of the Rules Governing ยง 2254 Cases, a Notice of Electronic Filing of this Order on the State of New Jersey Department of Law & Public Safety, Division of Criminal Justice, Appellate Bureau (the Bureau), in accordance with the Memorandum of Understanding between this Court and the Bureau. Within forty-five (45) days of the date this order is filed, Respondents may file a Motion to Dismiss the Petition on timeliness grounds only. If a Motion to Dismiss is filed, Petitioner shall have thirty (30) days to file an opposition brief. Respondents shall have ten (10) days to file a reply brief. If Respondents do not file a Motion to Dismiss the Petition, they shall file a full and complete Answer to all claims asserted in the Petition within forty-five (45) days of the entry of this Order. Within seven (7) days after any change in Petitioners custody status, be it release or otherwise, Respondents shall elect