Thomas v. Ortiz et al

Filing 61

MINUTE ORDER denying 54 Applicants Petition for Summary Judgment, and 58 Applicants Second Petition for Summary Judgment, which the Court construes as requests for expedited disposition of Applicants petition for habeas corpus by Magistrate Judge Michael E. Hegarty on 01/14/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00114-LTB-MEH MACK W. THOMAS, Applicant, v. JOE ORTIZ, Executive Director of D.O.C., and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on January 14, 2009. Applicant's Petition for Summary Judgment [filed October 14, 2008; docket #54] and Applicant's Second Petition for Summary Judgment1 [filed January 6, 2009; docket #58], which the Court construes as requests for expedited disposition of Applicant's petition for habeas corpus, are denied. As the parties are aware, the Court was awaiting receipt of the state court records from the Boulder County District Court (which had been submitted to the Colorado Court of Appeals) in this matter. The records were received by this Court on January 9, 2009; therefore, the Court will proceed with its analysis of the habeas petition.

1

Applicant's "petitions" do not meet the requirements of D.C. Colo. LCivR 56.1.