Gomez v. Macgrew, et al

Filing 19

MINUTE ORDER by Magistrate Judge Boyd N. Boland on 02/12/14 DENYING as unnecessary 18 Motion for Re-Instatement of Civil Action and Reconsideration Under59(c) Fed.R.Civ.P.. This action is not dismissed. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-02979-BNB
GONZALO GOMEZ,
Applicant,
v.
LINDA MACGREW, Warden, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE BOYD N. BOLAND
The motion titled “Petitioner’s Motion for Re-Instatement [sic] of Civil Action and
Reconsideration Under 59(c) Fed.R.Civ.P.” (ECF No. 18) is DENIED as unnecessary.
This action is not dismissed. Respondents were ordered on February 4, 2014,
see ECF No. 15, to file a pre-answer response to Applicant’s amended Application for
Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 10) filed on January 21,
2014, and the supporting brief titled “Motion to Vacate, Set Aside or Correct Sentence
Under 28 U.S.C. § 2254" (ECF No. 12) filed on January 21, 2014. Only the document
titled “Motion to Vacate, Set Aside or Correct Sentence Under 28 U.S.C. § 2254(b)(1)(B)
(ECF No. 6), which Applicant replaced with his amended Application for Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 10) and supporting brief titled “Motion to
Vacate, Set Aside or Correct Sentence Under 28 U.S.C. § 2254” (ECF No. 12), was
denied as moot on January 23, 2014. See ECF No. 13 at 3.
Dated: February 12, 2014