Butler (ID 2000152231) v. Geither

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
RICHARD CHANTEZ BUTLER,
Petitioner,
v. 	CASE NO. 25-3280-JWL
GLORIA GEITHER,
Respondent.
MEMORANDUM AND ORDER
This matter is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by
state prisoner and Petitioner Richard Chantez Butler, who is incarcerated at Lansing Correctional
Facility in Lansing, Kansas. (Doc. 1.) Petitioner has been granted leave to proceed in forma
pauperis. (Doc. 3.) The currently operative petition in this matter is the amended petition (Doc. 9);
the Court has allowed Petitioner to supplement the amended petition with a state-court brief1 (Doc.
13) and Petitioner also has filed a memorandum in support of the amended petition (Doc. 14).
The Court has reviewed Petitioner’s filings and concludes that a limited Pre-Answer
Response (“PAR”) is appropriate to assist the Court with its Rule 4 review. See Wood v. Milyard,
566 U.S. 463, 467 (2012); Denson v. Abbott, 554 F. Supp. 2d 1206 (D. Colo. 2008). Accordingly,
the Court directs Respondent to file a PAR limited to addressing the affirmative defense of
Petitioner’s failure to exhaust state court remedies under 28 U.S.C. § 2254(b)(1)(A). If Respondent
does not intend to raise the failure to exhaust as a defense, Respondent shall notify the Court of
that decision in the PAR. Respondent will be granted to and including March 27, 2026 in which to
1 Although the Court generally does not allow even a pro se petitioner to provide the facts supporting asserted grounds
for relief only by reference to materials supplementing the petition, the Court determined that the specific
circumstances of this case justify doing so. (See Doc. 10.)
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file the PAR and Petitioner will be granted to and including April 27, 2026 in which to file a reply
to the PAR if he wishes. After receipt and consideration of the PAR and any reply Petitioner files,
the Court will issue further orders as necessary.
IT IS THEREFORE ORDERED that Respondent is granted until and including March
27, 2026 in which to file a Pre-Answer Response that complies with this order.
IT IS FURTHER ORDERED that Petitioner is granted until and including April 27, 2026
in which to file a reply to the Pre-Answer Response.
IT IS SO ORDERED.
DATED: 	This 20th day of February, 2026, at Kansas City, Kansas.
S/ John W. Lungstrum
JOHN W. LUNGSTRUM
United States District Judge
Case 5:25-cv-03280-DDC-JBW Document 15 Filed 02/20/26 Page 2 of 2