Triggs v. State of Colorado, The et al

Filing 24

ORDER to Show Cause and to Answer Within Three Days. The respondents shall file an answer to the Application [# 1 ] by March 3, 2014. By Judge Robert E. Blackburn on 2/26/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 13-cv-03292-REB
JAMES SIDNEY TRIGGS,
Applicant,
v.
LOU ARCHULETA, Warden, Fremont Correctional Facility,
STATE OF COLORADO,
LARIMER COUNTY, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO
Respondents.

ORDER TO SHOW CAUSE AND TO ANSWER WITHIN THREE DAYS
Blackburn, J.
After preliminary consideration of the application for writ of habeas corpus filed
under 28 U.S.C. § 2254, the court finds that an answer from the respondents is
necessary. Title 28 U.S.C. § 2243 provides that an answer to a petition for a writ of
habeas corpus “shall be returned within three days unless for good cause additional
time, not exceeding twenty days, is allowed.” Absent a showing of good cause, an
answer to the application shall be due within three days of the date of this order. Thus,
the respondents’ answer shall be due on or before Monday, March 3, 2014.1
THEREFORE, IT IS ORDERED as follows:
1. That the respondents shall file an answer to the Application [#1] by March 3,

1

See FED. R. CIV. P. 6 (a)(1)(C).

20142;
2. That the respondents’ answer shall conform to the requirements of Rule 5(b),
(c), and (d) of the Rules Governing Section 2254 Cases in the United States District
Courts; and
3. That the petitioner may submit a reply to the respondents’ answer within 14
days of its filing.
Dated February 26, 2014, at Denver, Colorado.
BY THE COURT:

2

See FED. R. CIV. P. 6 (a)(4), which defines “Last Day,” and (a)(5), which defines “Next Day.”

2