Carrillo v. Wilson

Filing 6

ORDER To File Preliminary Response, by Magistrate Judge Boyd N. Boland on 11/27/12. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-03007-BNB
ALFONSO A. CARILLO,
Applicant,
v.
GARY WILSON, Denver Undersheriff/Warden,
Respondent.

ORDER TO FILE PRELIMINARY RESPONSE

Applicant, Alfonso A. Carillo, is detained in the Denver Detention Center in
Denver, Colorado pending the resolution of state criminal charges. He has filed an
Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 challenging the
legality of his detention. Mr. Carillo 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 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 state court 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 state court record, including but not limited to copies of all
documents demonstrating whether Applicant has exhausted state court remedies.
Applicant may reply to the Preliminary Response and provide any information
that might be relevant to the exhaustion of state court 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: November 27, 2012
BY THE COURT:

s/ Boyd N. Boland
United States Magistrate Judge

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