Hernandez v. Starman et al

Filing 3

ORDER to File Preliminary Response by Magistrate Judge Boyd N. Boland on 4/05/2012. (skssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-00881-BNB
JESUS JOHN HERNANDEZ
Applicant,
v.
JOE STARMAN, Director, Independence House South, and
UNITED STATES PAROLE COMMISSION,
Respondents.

ORDER TO FILE PRELIMINARY RESPONSE

Applicant, Jesus John Hernandez, is in the custody of the Federal Bureau of
Prisons and is serving a term of mandatory parole. He has filed an Application for a
Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241. Mr. Hernandez has paid the
$5.00 filing fee.
As part of the preliminary consideration of the Application in this case and
pursuant to Keck v. Hartley, 550 F. Supp. 2d 1272 (D. Colo. 2008), the Court has
determined that a limited Preliminary Response is appropriate. Respondent United
States Parole Commission is directed pursuant to Rule 4 of the Rules Governing
Section 2254 Cases in the United States District Courts to file a Preliminary Response
limited to addressing procedural issues, such as the affirmative defense of exhaustion
of administrative remedies. If Respondent does not intend to raise an affirmative
defense, Respondent must notify the Court of that decision in the Preliminary
Response. Respondent may not file a dispositive motion as a Preliminary Response, or
an Answer, or otherwise address the merits of the claims in response to this Order.

In support of the Preliminary Response, Respondent should attach as exhibits all
relevant portions of the federal district court and administrative records, including but
not limited to copies of all documents demonstrating whether Applicant has exhausted
administrative remedies.
Applicant may reply to the Preliminary Response and provide any information
that might be relevant to the exhaustion of administrative remedies or other procedural
issues raised by Respondent. Accordingly, it is
ORDERED that within twenty-one days from the date of this Order
Respondent shall file a Preliminary Response that complies with this Order. It is
FURTHER ORDERED that within twenty-one days of the filing of the
Preliminary Response Applicant may file a Reply, if he desires. It is
FURTHER ORDERED that if Respondent does not intend to raise an affirmative
defense, Respondent must notify the Court of that decision in the Preliminary
Response.
Dated: April 5, 2012
BY THE COURT:

s/ Boyd N. Boland
United States Magistrate Judge

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