Matheny v. Sloan et al

Filing 16

ORDER TO ANSWER - re: 3 Application for Writ of Habeas Corpus. ORDERED: Respondents shall file an answer to the claims remaining before the court on or before APRIL 30, 2010 by Magistrate Judge Craig B. Shaffer on 3/29/2010. (cbscd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02411-MSK-CBS JONATHAN MATHENY, Applicant, v. BRIGHAM SLOAN, Warden, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. ORDER TO ANSWER Magistrate Judge Craig B. Shaffer On or about October 9, 2009, Applicant Mr. Matheny filed his Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 ("Petition") (doc. # 3). After preliminary determination of the timeliness of the Petition pursuant to 28 U.S.C. § 2244(d) and exhaustion of state court remedies pursuant to 28 U.S.C. § 2254(b)(1)(A), on January 13, 2010, the court ordered the Petition dismissed in part and drawn to a District Judge and a Magistrate Judge. (See doc. # 12). Pursuant to the Order of Referral dated January 26, 2010 (doc. # 14) and the Amendment dated January 26, 2010 (doc. # 15), this civil action was referred to the Magistrate Judge to, inter alia, "review the merits and to issue proposed findings of fact and recommendations for disposition." After preliminary consideration of the Application, it is now ORDERED that on or before April 30, 2010, Respondents shall file with the Clerk of the Court at the United States Courthouse, 901 19th Street, Room A105, Denver, Colorado 80294-3589 an answer to the claims remaining before the court.

Dated at Denver, Colorado this 29th day of March, 2010. BY THE COURT:

s/Craig B. Shaffer United States Magistrate Judge