THOMAS v. TRANI, 14-cv-01950-GPG. (2015)
Court: District Court, D. Colorado
Number: infdco20150408a62
Visitors: 18
Filed: Apr. 07, 2015
Latest Update: Apr. 07, 2015
Summary: ORDER GORDON P. GALLAGHER , Magistrate Judge . As part of the preliminary consideration of the amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 (ECF No. 12), the Court ordered Respondents to file a Pre-Answer Response limited to addressing the affirmative defenses of timeliness under 28 U.S.C. 2244(d) and/or exhaustion of state court remedies. Respondents have filed a Pre-Answer Response (ECF No. 20) and Applicant has filed a Reply to Pre-Answer Response (ECF N
Summary: ORDER GORDON P. GALLAGHER , Magistrate Judge . As part of the preliminary consideration of the amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 (ECF No. 12), the Court ordered Respondents to file a Pre-Answer Response limited to addressing the affirmative defenses of timeliness under 28 U.S.C. 2244(d) and/or exhaustion of state court remedies. Respondents have filed a Pre-Answer Response (ECF No. 20) and Applicant has filed a Reply to Pre-Answer Response (ECF No..
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ORDER
GORDON P. GALLAGHER, Magistrate Judge.
As part of the preliminary consideration of the amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 12), the Court ordered Respondents to file a Pre-Answer Response limited to addressing the affirmative defenses of timeliness under 28 U.S.C. § 2244(d) and/or exhaustion of state court remedies. Respondents have filed a Pre-Answer Response (ECF No. 20) and Applicant has filed a Reply to Pre-Answer Response (ECF No. 22). Respondents subsequently filed a Supplemental Pre-Answer Response (ECF No. 24) and Applicant filed a Supplemental Answer to Pre-Answer Response (ECF No. 25).
In order for the Court to complete its review of the arguments raised by the parties, it is necessary to review the state court record. Accordingly, it is
ORDERED that, within twenty-one (21) days from the date of this order, Respondents shall file with the Clerk of the Court, in electronic format if available, a copy of the complete record of Applicant's state court proceedings in El Paso County District Court case number 2007CR308, including all documents in the state court file and transcripts of all proceedings conducted in the state court, but excluding any physical evidence (as opposed to documentary evidence) not relevant to the asserted claims. It is
FURTHER ORDERED that the Clerk of the Court is directed to send copies of this order to the following:
Clerk of the Court
El Paso County District Court
P.O. Box. 2980
Colorado Springs, Colorado 80901-2980; and
Court Services Manager
State Court Administrator's Office
1300 Broadway, Suite 1200
Denver, Colorado 80203.
Source: Leagle