Bynum v. People of the State of Colorado, The

Filing 30

ORDER. ORDERED that Respondents shall file a status report every ninety days, starting ninety days from the date of this Order, updating the court on the status of the proceedings in Denver District Court. ORDERED that until the state court record is received by this Court, this matter will be held in abeyance by Chief Judge Wiley Y. Daniel on 06/16/11. (jjh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Wiley Y. Daniel
Civil Action No. 10-cv-02916-WYD
CECIL BYNUM,
Applicant,
v.
WARDEN MILYARD, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

ORDER

On April 29, 2011, the Court entered an order instructing Respondents to file with
the Clerk of the Court, in electronic format if available, a copy of the complete record of Mr.
Bynum’s state court proceedings in Case No. 05CR1502, including all documents in the
state court file and transcripts of all proceedings conducted in the state court, but excluding
any physical evidence (as opposed to documentary evidence) not relevant to the asserted
claims.
On June 9, 2011, Respondents filed a Notice with the Court explaining that the
Record is not currently available because of a remand ordered by the Colorado Court of
Appeals in Applicant’s postconviction criminal case. As the Denver District Court is
continuing to deal with the criminal case, the state court record is not yet available for
review by this court.
Accordingly, it is

ORDERED that Respondents shall file a status report every ninety (90) days,
starting ninety (90) days from the date of this Order, updating the court on the status of the
proceedings in Denver District Court
It is, further ORDERED that until the state court record is received by this Court, this
matter will be held in abeyance.
Dated: June 16, 2011
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Chief United States District Judge