Degree v. Milyard et al

Filing 16

ORDER for State Court Record. On or before 05/01/09, the Clerk of the Combined Court for El Paso County shall provide to this Court the original written record of El Paso District Court Case No. 03CR415, People v. Degree. The Clerk of the Court shall serve a copy of this Order on the Clerk of the Combined Court for El Paso County by facsimile and by regular mail, by Judge Marcia S. Krieger on 04/01/09. (wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 08-cv-00146-MSK WENDELL DEGREE, Applicant, v. KEVIN MILYARD, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents.

ORDER FOR STATE COURT RECORD Applicant Wendell Degree, a prisoner in the custody of the Colorado Department of Corrections at the Sterling Correctional Facility in Sterling, Colorado, has filed an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254. Respondents have filed an answer. I find that the state court record may be necessary for the resolution of this action. Accordingly, it is ORDERED that on or before May 1, 2009, the Clerk of the Combined Court for El Paso County shall provide to this Court the original written record of El Paso District Court Case No. 03CR415, People v. Degree. It is FURTHER ORDERED that the Clerk of the Court shall serve a copy of this Order on the Clerk of the Combined Court for El Paso County by facsimile to [phone] and by regular mail to Clerk of the Combined Court, P.O. Box 2980, Colorado Springs, Colorado 80901-2980.

DATED this 1st day of April, 2009. BY THE COURT:

Marcia S. Krieger United States District Judge