Hankins v. Milyard

Filing 64

ORDER: Respondents are directed to file a second Sixteenth Status Report within Fourteen days of this Order and address Applicant's claim that his petition for certiorari review has been denied. Applicant's 63 Motion for Leave to File Amended Complaint is denied based on this Court's findings in the 10/7/2011 Order to Dismiss in Part and for Answer. By Judge William J. Martinez on 3/23/2015. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 11-cv-01090-WJM
TERENCE J. HANKINS,
Applicant,
v.
KEVIN MILYARD, Warden, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

ORDER

This matter comes before the Court on Applicant’s “Request for Court’s Leave to
File Amended Complaint,” ECF No. 63, that was entered on the Docket on March 16,
2015. Applicant asserts the Colorado Supreme Court denied his petition for certiorari
review on January 22, 2015, and requests that he be granted leave to amend the
operative Amended Application, ECF No. 6, filed June 22, 2011, so he can reassert
eight of the ten claims he asserted in the Amended Application. The Court now having
reviewed the pleading hereby FINDS AND ORDERS as follows:
Respondents submitted a Sixteenth Status Report, ECF No. 61, on February 2,
2015. This Status Report indicates that on January 21,2015, Respondents filed an
advisory notice with the Colorado Supreme Court stating that they would not file a brief
in opposition to Applicant’s petition for certiorari review. Respondents, however, did not
report on February 2, 2015, as Applicant asserts now, that the Colorado Supreme Court
denied Applicant’s petition on January 22, 2015.

It is therefore ORDERED that Respondents are directed to file a second
Sixteenth Status Report within Fourteen days of this Order and address Applicant’s
claim that his petition for certiorari review has been denied.
It is further ORDERED that Applicant’s Motion to Amend, ECF No. 63, is denied
based on this Court’s findings in the October 7, 2011 Order to Dismiss in Part and for
Answer.
Dated this 23rd day of March, 2015.
BY THE COURT:

William J. Martínez
United States District Judge

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