Kirby v. Lappin et al
ORDER to File Preliminary Response, by Magistrate Judge Boyd N. Boland on 7/16/2012. (skssl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01703-BNB
DAMIAN M. KIRBY,
HARLEY LAPPIN, Director F.B.O.P., Washington D.C., and
WARDEN GARCIA, Warden, F.C.I. Englewood,
ORDER TO FILE PRELIMINARY RESPONSE
As part of the preliminary consideration of the amended Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 6) filed on July 11, 2012, in this
case and pursuant to Redmon v. Wiley, 550 F. Supp. 2d 1275 (D. Colo. 2008), the
Court has determined that a limited Preliminary Response is appropriate. Respondents
are 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 defense of exhaustion of administrative remedies. If Respondents do not
intend to raise this affirmative defense, Respondents must notify the Court of that
decision in the Preliminary Response. Respondents 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, Respondents should attach as exhibits
copies of any administrative grievances Applicant has filed raising the issues asserted in
the Application, as well as any responses to those grievances. Applicant may reply to
the Preliminary Response and provide any information that might be relevant to his
efforts to exhaust administrative remedies. Accordingly, it is
ORDERED that within twenty-one (21) days from the date of this Order
Respondents 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 Respondents do not intend to raise the affirmative
defense of exhaustion of administrative remedies, Respondents must notify the Court of
that decision in the Preliminary Response.
DATED July 16, 2012, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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