Manuel Cazares v. Jay Cassady, Warden
DueProcess HabeasCorpus
May Rule 5(e) of the Rules Governing Section 2254 cases in the United States District Courts, entitled Reply, be disregarded by the lower court?
QUESTIONS PRESENTED FOR REVIEW 1. May Rule 5(e) of the Rules Governing Section 2254 cases in the United States District Courts, entitled Reply, which states "the Petitioner may submit a reply to the Respondent's answer or other pleading within a time fixed by the judge (Title : 28 U.S.C. §2254), be disregarded by the lower court. 2. May the Rules Governing Section 2254 cases in the United States District Courts, which provides in Title 28 U.S.C. §2254, entitled Return or Answer, Conclusiveness, that "[T]he allegations of a return to the writ of habeas corpus of an answer to an order to show cause in a habeas corpus proceeding, if not traversed, shall be accepted as true except to the extent that the judge finds from the evidence that they are not true", be disregarded by the lower court in that the District failed and refused to consider Petitioner's Reply in making its decision to deny the Writ of Habeas Corpus. ii