Robledo v. Colorado Dept. of Corrections, The et al

Filing 28

ORDER to File Supplement to Preliminary Response, by Magistrate Judge Boyd N. Boland on 12/06/2013. (skl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-02084-BNB
CRAIG ROBLEDO,
Applicant,
v.
BRENDAN SCHAEFFER, and
JOHN DAVIS,
Respondents.

ORDER TO FILE SUPPLEMENT TO 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. 21) in this action, the Court
ordered Respondents to file a Preliminary Response limited to addressing whether any
of Applicant’s claims are moot and the affirmative defenses of timeliness under 28
U.S.C. § 2244(d) and/or exhaustion of state court remedies. On November 8, 2013,
Respondents filed a Preliminary Response (ECF No. 26) that addresses the affirmative
defenses of timeliness under 28 U.S.C. § 2244(d) and/or exhaustion of state court
remedies. Respondents do not address in the Preliminary Response whether any of
Applicant’s claims are moot.
On November 26, 2013, Applicant filed a notice of change of address (ECF No.
27) in which he states that he was released on parole on November 8, 2013. In light of
Applicant’s release on parole, Respondents will be directed to file a supplement to the
Preliminary Response that addresses whether Applicant’s claims in the amended

application now are moot. Accordingly, it is
ORDERED that within twenty-one (21) days from the date of this Order
Respondents shall file a supplement to the Pre-Answer Response that complies with
this Order. It is
FURTHER ORDERED that within twenty-one (21) days of the filing of the
supplement to the Preliminary Response Applicant may file a Reply to the
supplement, if he desires.
DATED December 6, 2013, at Denver, Colorado.
BY THE COURT:

s/ Boyd N. Boland
United States Magistrate Judge

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