De Le Rosa v. Brill

Filing 23

SECOND ORDER FOR STATE COURT RECORD re: 20 Order, Pursuant to Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts, Respondents again are directed to provide to this Court the complete record of Mr. De La Rosas tria l in Denver District Court Case No. 04CR664. it is ORDERED that Respondents shall provide to this Court within twenty (20) days from the date of this Order the complete record of Mr. De La Rosas trial in Denver District Court Case No. 04CR664. by Chief Judge Wiley Y. Daniel on 8/7/09. (erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 08-cv-01493-WYD-KMT GERALDO DE LA ROSA, Applicant, v. HOYT BRILL (Warden of CCA), and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. SECOND ORDER FOR STATE COURT RECORD On July 1, 2009, I ordered Respondents to provide this Court with the complete record of Applicant Geraldo De La Rosa's trial in Denver District Court Case No. 04CR664 within twenty days. Respondents have not responded to my July 1, 2009, Order and the Court has not received the state court record. On July 20, 2009, the Court received and filed a letter from Deann Davidson, a judicial assistant with the Denver District Court, that indicates the state court record in question was sent to the Colorado Court of Appeals on March 31, 2009. Pursuant to Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts, Respondents again are directed to provide to this Court the complete record of Mr. De La Rosa's trial in Denver District Court Case No. 04CR664. If the state court record is not available at this time, Respondents should provide that information to the Court in accordance with Rule 5. In addition, if the state court record

is not available at this time, Respondents should advise the Court when the record will or may be available and whether any adequate alternatives exist for reviewing the state court record. Accordingly, it is ORDERED that Respondents shall provide to this Court within twenty (20) days from the date of this Order the complete record of Mr. De La Rosa's trial in Denver District Court Case No. 04CR664. Dated: August 7, 2009 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge

2