Fisher v. Clements et al

Filing 19

ORDER for State Court Record and to Answer, by Magistrate Judge Boyd N. Boland on 9/4/14. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-00146-BNB
MICHAEL FISHER,
Applicant,
v.
RICK RAEMISCH, Exec. Director Colorado Dept of Corrections,
JOHN DAVIS, Warden, Buena Vista Correctional Facility, and
JOHN SUTHERS, Attorney General, State of Colorado,
Respondents.

ORDER FOR STATE COURT RECORD AND TO ANSWER

After preliminary consideration of the application for a writ of habeas corpus filed
pursuant to 28 U.S.C. § 2254, IT IS ORDERED:
(1)

Within thirty (30) days from the date of this order the Respondents

shall file with the Clerk of the Court, in electronic format if available, a copy of the
complete record of Applicant’s state court proceedings in Adams County District Court
case number 96CR1640, including all documents in the state court file and transcripts of
all proceedings conducted in the state court, but excluding any physical evidence (as
opposed to documentary evidence) not relevant to the asserted claims;
(2)

Within thirty (30) days from the date the state court record is provided

to the Court, Respondent(s) shall file an Answer conforming to the requirements of
Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts;
and

(3)

Within thirty (30) days from the date the Respondents file an Answer,

Applicant may file a Reply if he desires; and
(4)

The Clerk of the Court is directed to send copies of this order to the clerk

of the state court from which the case originated and to the Court Services Manager,
Office of the State Court Administrator, by United States mail, first class postage
prepaid, at the following addresses:
Clerk of the Court
Adams County District Court
1100 Judicial Center Drive,
Brighton, Colorado 80601;
Court Services Manager
Office of the State Court Administrator
1300 Broadway, Suite 1200
Denver, Colorado 80203
DATED September 4, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge