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Sixta v. Thaler

Petitioner, a Texas state prisoner, appeals the district court's grant of summary judgment to respondent on his petition for habeas relief made pursuant to 28 U.S.C. �2254. Petitioner moved for a certificate of appealability on various grounds, and the 5th Circuit Court of Appeals granted his request as to a single issue: Whether the respondent in a �2254 proceeding is constitutionally obliged to serve his answer and any exhibits thereto on a habeas corpus petitioner. The 5th Circuit affirmed the district court's judgment denying his petition for habeas relief and denied the remainder of his motion for a COA. 5th U.S. Circuit Court of Appeals, No. 07-20890, 08-23-2010

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Published opinion

Before DENNIS, OWEN, and SOUTHWICK, Circuit Judges.

Petitioner Daniel James Sixta (“Sixta” or “the petitioner”), a Texas state prisoner, appeals the district court’s grant of summary judgment to Respondent Rick Thaler (“the respondent”) on his petition for habeas relief made pursuant to 28 U.S.C. § 2254. Sixta moved for a certificate of appealability (“COA”) on various grounds, and we granted his request as to a single issue: Whether the respondent in a § 2254 proceeding is constitutionally obliged to serve his answer and any exhibits thereto on a habeas corpus petitioner. We conclude that the applicable procedural rules require the respondent in a § 2254 proceeding to serve both the answer and any exhibits attached thereto on the habeas petitioner, and we therefore do not reach the constitutional question presented. The respondent complied with these procedural rules because he properly served the answer, to which there were no attachments or exhibits, on Sixta. We accordinglyaffirm the district court’s grant of summary judgment and denial of habeas relief. We also deny the remainder of Sixta’s motion for a COA.

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