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

Filing 27

ORDER OF ADMINISTRATIVE CLOSURE. This action is CLOSED ADMINISTRATIVELY. Under D.C.COLO.LCivR 41.2, the clerk is DIRECTED to close this civil action administratively, subject to reopening for good cause. By Judge Robert E. Blackburn on 6/8/2011. (sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 09-cv-02815-REB-CBS
RUDOLPH MATTHEW CANDELARIA,
Applicant,
v.
HOYT BRILL, Warden of the Kit Carson Correctional Center, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondent(s).

ORDER OF ADMINISTRATIVE CLOSURE
Blackburn, J.
This matter is before me sua sponte. Although the United States Magistrate
Judge requested the state court record in this case, the state court clerk reported that
the record was unavailable because the case has been certified to the Colorado Court
of Appeals. (See Response From Clerk of LaPlata Combined Court to Order To
Forward All Records and Transcripts [#25] filed February 26, 2011.) More recently,
the Colorado Supreme Court granted a petition for writ of certiorari in the case. (See
Order of Court [#26] filed June 8, 2011.) Briefing in that case will not be completed
until later this summer, and it is unclear when thereafter the matter may be heard and/or
determined.
Given that the pertinent records are unavailable at this time and the possibility
that the Colorado Supreme Court’s resolution may alter fundamentally, if not moot all
together, the claims asserted in the instant habeas petition, and after reviewing the
report and the file, I conclude that this action should be closed administratively.

THEREFORE, IT IS ORDERED as follows:
1. That this action is CLOSED ADMINISTRATIVELY; and
2. That under D.C.COLO.LCivR 41.2, the clerk is DIRECTED to close this civil
action administratively, subject to reopening for good cause.
Dated June 8, 2011, at Denver, Colorado.
BY THE COURT:

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