Bacote Jr v. Berkebile

Filing 14

SECOND ORDER to File Preliminary Response, by Magistrate Judge Boyd N. Boland on 12/11/2013. (skl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-02663-BNB

MICHAEL BACOTE JR.,
Applicant,
v.
DAVID BERKEBILE,
Respondent.

SECOND ORDER TO FILE PRELIMINARY RESPONSE

On December 11, 2013, Mr. Bacote filed a document titled, “Amended Response
for Habeas Corpus.” The Court construes the document as an Amended Application.
Respondent is directed to address the additional issues in the Preliminary Response
that the Court, on December 3, 2013, directed Respondent to file. Accordingly, it is
ORDERED that within twenty-one days from the date of this Order
Respondent shall file a Preliminary Response, as directed to do on December 3, 2013,
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 the affirmative
defense of exhaustion of administrative remedies, Respondent must notify the Court of
that decision in the Preliminary Response.

DATED December 11, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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