Kanz v. Bonner et al

Filing 8

Second ORDER to File Pre-Answer Response, by Magistrate Judge Boyd N. Boland on 10/04/2013. (skl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-02421-BNB
MATTHEW W. KANZ
Applicant,
v.
WARDEN BONNER, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

SECOND ORDER TO FILE PRE-ANSWER RESPONSE

As part of the preliminary consideration of the Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2254 submitted to the Court on September 5, 2013, the
Court determined that a limited Pre-Answer Response is appropriate pursuant to Rule 4
of the Rules Governing Section 2254 Cases in the United States District Courts and to
Denson v. Abbott, 554 F. Supp.2d. 1206 (D. Colo. 2008). On September 11, 2013, the
Court entered an order directing Respondents to file a Pre-Answer Response within
twenty-one days. The Order was sent certified mail to the Warden and electronically to
the Attorney General on September 12, 2013. A return receipt for the Warden’s service
was received by the Court on September 18, 2013. Respondents now have failed to
respond within the time allowed.
The Court again will order Respondents to file a Pre-Answer Response and to
explain the failure to respond to the Court’s September 11, 2013 Order within the time
allowed. Accordingly, it is

ORDERED that within seven days from the date of this Order Respondents
shall file a Pre-Answer that complies with the Court’s September 11, 2013 Order and
explain the failure to timely respond to the Court’s Order. It is
FURTHER ORDERED that within twenty-one days of the filing of the PreAnswer Response Applicant may file a Reply, if he desires, in keeping with the
September 11, 2013 Order.
Dated: October 4, 2013
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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