Walton v. Falk et al

Filing 29

ORDER granting 28 Motion to accept state record as previously filed, by Judge Raymond P. Moore on 10/18/2013.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore

Civil Action No. 13-cv-00403-RM-BNB
HUGH WALTON,
Applicant,
v.
FRANCIS FALK, Warden, L.C.F., and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

ORDER GRANTING MOTION TO ACCEPT
STATE RECORD AS PREVIOUSLY FILED

This matter is before the Court on the motion (ECF No. 28) Respondents
submitted on October 18, 2013. In the motion, Respondents ask the Court to accept
the CD of electronic transcripts originally submitted as part of the state court record filed
with the Court on September 6, 2013 (ECF No. 24), instead of being required to file a
replacement CD as directed in the order of October 18, 2013 (ECF No. 27).
The Court issued the October 18 order in the belief that the CD submitted on
September 6 failed to comply with the directive in the order of August 29, 2013 (ECF
No. 19), that “the record, if provided in electronic format, shall display transcripts for all
proceedings, including hearings and days of trial, by separate date and not as one
continuous document.” ECF No. 19 at 1. In the October 18 motion, Respondents
explain that “bookmarks” – instead of separate files – indicate each electronic transcript
by separate date in the CD submitted on September 6. Therefore, the Court finds that

the CD as originally submitted on September 6 with “bookmarks” indicating each
electronic transcript by separate date substantially complies with the August 19 order for
the state court record. The Court will not require Respondents to submit a replacement
CD as directed in the October 18 order.
Accordingly, it is
ORDERED that Respondents’ motion filed on October 18, 2013 (ECF No. 28),
that asks the Court to accept the state court record as previously filed on September 6,
2013, is GRANTED. It is
FURTHER ORDERED that Applicant continues to have thirty (30) days from
the October 18 order (ECF No. 27) in which to file a traverse.
DATED at Denver, Colorado, this 18th day of October, 2013.
BY THE COURT:

_____________________________________
RAYMOND P. MOORE
United States District Judge

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