Murphy v. Archuleta et al

Filing 46

ORDER: Status Report due by 2/6/2009 re Appeal pending before the Colorado Court of Appeals. Signed by Magistrate Judge Kristen L. Mix on 01/12/09. (wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 06-cv-01899-MSK-KLM GEORGE C. MURPHY, Applicant, v. LOU ARCHULETA, and JOHN SUTHERS, Respondents. _____________________________________________________________________ ORDER _____________________________________________________________________ ORDER ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court sua sponte. It has come to the Court's attention that Applicant has an appeal pending before the Colorado Court of Appeals [Docket No. 45]. The state court record is unavailable for the Court's review due to Applicant's pending appeal. IT IS HEREBY ORDERED that on or before February 6, 2009, the parties shall each file a status report discussing the issues involved in the appeal, the impact of the appeal on the issues involved in Applicant's habeas application, and the timeline for the briefing in the Colorado Court of Appeals. Dated: January 12, 2009 BY THE COURT: s/ Kristen L. Mix U.S. Magistrate Judge Kristen L. Mix