Radloff v. Clements et al

Filing 9

Stay Order. ORDERED that this action is stayed pending the appeal of the petitioner's second Rule 35(c) motion by Judge Richard P. Matsch on 06/08/12. (jjhsl, )

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.
_____________________________________________________________________
STAY ORDER
_____________________________________________________________________
Upon review of the petitioner’s reply [8], filed June 7, 2012, and it appearing that
the question of whether Timothy Radloff should be granted an evidentiary hearing that
is the subject of an appeal to the Colorado Court of Appeals from the denial by the State
District Court of the petitioner’s second Rule 35(c) motion and applying the principles of
comity, the state court should have the opportunity to address that issue before further
proceeding in this court on the habeas corpus petition and it is therefore
ORDERED that this action is stayed pending the appeal of the petitioner’s
second Rule 35(c) motion.
DATED: June 8th, 2012
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge