Crownhart v. Smith et al

Filing 218

MINUTE ORDER denying 216 Applicant's Motion Pursuant to Crim. P. 35(c)(3), by Magistrate Judge Kristen L. Mix on 6/15/09.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-00692-PAB-KLM EARL CROWNHART, Applicant, v. LARRY REID, Warden, Respondent. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Applicant's Motion Pursuant to Crim. P. 35(c)(3) [Docket No. 216; Filed June 5, 2009] (the "Motion"). This a habeas corpus action. The Applicant is challenging the denial of parole. In the Motion, it appears that Applicant is seeking relief pursuant to Colorado Rule of Criminal Procedure 35(c)(3) which provides that a post-conviction motion must be filed in the court which imposed the sentence. Applicant was sentenced in Mesa County District Court. Therefore, he must bring an action pursuant to Colo. R. Crim. P. 35(c)(3) in that court. Accordingly, IT IS HEREBY ORDERED that the Motion is DENIED. Dated: June 15, 2009