Carlson v. Timme, Rae
ORDER to File Preliminary Response, by Magistrate Judge Boyd N. Boland on 5/02/2012. (skssl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00912-BNB
DAVID G. CARLSON,
ORDER TO FILE PRELIMINARY RESPONSE
Applicant, David G. Carlson, is a prisoner in the custody of the Colorado
Department of Corrections who currently is incarcerated at the Colorado Territorial
Correctional Facility. He has filed pro se an Amended Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2241. He has been granted leave to proceed pursuant
to 28 U.S.C. § 1915.
As part of the preliminary consideration of the Amended Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2241 in this case and pursuant to Keck v.
Hartley, 550 F. Supp. 2d 1272 (D. Colo. Apr. 17, 2008), the Court has determined that a
limited Preliminary Response is appropriate. Respondent 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 the affirmative defenses of timeliness under
28 U.S.C. § 2244(d) and/or exhaustion of state court remedies under Montez v.
McKinna, 208 F.3d 862, 866 (10th Cir. 2000). If Respondent does not intend to raise
either of these affirmative defenses, 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 state court record, including but not limited to copies of all
documents demonstrating whether this action is filed in a timely manner and/or whether
Applicant has exhausted state court remedies.
Applicant may reply to the Preliminary Response and provide any information
that might be relevant to the one-year limitation period under 28 U.S.C. § 2244(d)
and/or the exhaustion of state court remedies. Applicant also should include
information relevant to equitable tolling, specifically as to whether he has pursued his
claims diligently and whether some extraordinary circumstance prevented him from
filing a timely 28 U.S.C. § 2241 action in this Court. Accordingly, it is
ORDERED that within twenty-one (21) 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 (21) 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 either of the
affirmative defenses of timeliness or exhaustion of state court remedies, Respondent
must notify the Court of that decision in the Preliminary Response.
Dated: May 2, 2012
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?