Candelaria v. Attorney General of the State of Colorado, The

Filing 20

ORDER to Forward All Records and Transcripts. The Clerk of the Court for the LaPlata County District Court shall forward all records and transcripts of the state court proceedings in People v. Candelaria, LaPlata County District Court Case No. 05CR26 to the Clerk of the Court for the United States District Court for the District of Colorado on or before MARCH 31, 2010 by Magistrate Judge Craig B. Shaffer on 2/16/2010. (cbscd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02815-REB-CBS RUDOLPH MATHEW [sic] CANDELARIA, Applicant, v. HOYT BRILL, Warden of Kit Carson Correctional Center, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. _____________________________________________________________________ ORDER TO FORWARD ALL RECORDS AND TRANSCRIPTS _____________________________________________________________________ Magistrate Judge Craig B. Shaffer This civil action is before the court on Mr. Candelaria's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 ("Petition") (filed December 2, 2009) (doc. # 3). Pursuant to the Order of Reference dated February 4, 2010 (doc. # 17), this civil action was referred to the Magistrate Judge to "[h]ear and determine pretrial matters, as referred" and "[p]rovide a report and recommendation with regard to the petition." After reviewing the Petition and Respondents' Answer (filed February 16, 2010) (doc. # 19), the court determines that the state court record would assist the court in resolving this matter. Accordingly, pursuant to Rule 5(c) of the Rules Governing Section 2254 Cases in the United States District Courts, IT IS ORDERED that: 1. The Clerk of the Court for the La Plata County District Court, as the lawful

custodian of the records, shall forward all records and transcripts of the state court proceedings in People v. Candelaria, La Plata County District Court Case No. 05CR26, to the Clerk of the Court for the United States District Court for the District of Colorado, 901 Nineteenth Street, Room 105, Denver, Colorado, 80294-3589 on or

before March 31, 2010. 2. The Clerk of the Court for the United States District Court for the District of

Colorado shall deliver a copy of this Order to: Clerk of the Court, La Plata County District Court La Plata County Courthouse 1060 E. 2nd Ave. Durango CO. 81301 DATED at Denver, Colorado, this 16th day of February, 2010. BY THE COURT:

s/ Craig B. Shaffer United States Magistrate Judge

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