Radloff v. Clements et al

Filing 11

ORDER FOR HEARING From the Applicant's Reply 8 and the Applicant's Notice of Conclusion of State Court Proceedings 10 , a hearing will be set to provide an opportunity for oral argument on the question of whether an evidentiary hearing should be held to prevent a miscarriage of justice, by Judge Richard P. Matsch on 12/29/15. (ktera)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 11-cv-03360-RPM
TIMOTHY RADLOFF,
Petitioner,
v.
TOM CLEMENTS, Exec. Director, Colorado Department of Corrections,
DICK SMELSER, Warden, Crowley County Correctional Facility, and
JOHN W. SUTHERS, Attorney General, State of Colorado,
Respondents.
_____________________________________________________________________
ORDER FOR HEARING
_____________________________________________________________________
It appearing from the Applicant’s Reply [Doc. 8] and the Applicant’s Notice of
Conclusion of State Court Proceedings [Doc. 10] that the issue to be decided is whether
an evidentiary hearing should be held in this court to address the credibility of the
testimony at trial of Elkay Carmack, and that oral argument may be helpful, it is
ORDERED that a hearing will be set to provide an opportunity for oral argument
on the question of whether an evidentiary hearing should be held to prevent a
miscarriage of justice.
DATED: December 29th, 2015
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge