Frazier v. Clements et al
Filing
7
ORDER TO REPLY re: 6 and 1 : the applicant will file a reply at least addressing the question of how to proceed with this mixed petition on or before July 2, 2012, by Judge Richard P. Matsch on 6/11/2012. (rpmcd )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 12-cv-00354-RPM
KEITH FRAZIER,
Petitioner,
v.
TOM CLEMENTS, Exec. Director, Colorado Dept. of Corrections,
MICHAEL MILLER, Warden, Crowley County Correctional Facility, and
JOHN W. SUTHERS, Attorney General, State of Colorado,
Respondents.
____________________________________________________________________________
ORDER TO REPLY
____________________________________________________________________________
In the respondents’ Answer to Application for Writ of Habeas Corpus [6] the respondents
contend that Claims 3, 4 and 5(c) have not been exhausted in the state court proceedings and
therefore this is a mixed petition. The applicant has not filed a reply to the answer. As the
respondents correctly note, this Court has discretion in the petition to proceed to determine this
application on the exhausted claims and deny the merits of the unexhausted claims or to
dismiss the petition without prejudice to permit the applicant to return to the state court to
proceed according to Rule 51.1(b).
The applicant has not filed a reply to the answer and, therefore, the Court is not informed
with respect to the applicant’s view of this choice. Accordingly, it is
ORDERED that the applicant will file a reply at least addressing the question of how to
proceed with this mixed petition on or before July 2, 2012.
DATED: June 11th, 2012
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge
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