Bueno v. Timme et al
ORDER to File Pre-Answer Response, by Magistrate Judge Boyd N. Boland on 1/02/2014. (skl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03401-BNB
RAE TIMME, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
ORDER TO FILE PRE-ANSWER RESPONSE
Applicant, Joey Bueno, is a prisoner who currently is incarcerated at the
Colorado Territorial Correctional Facility in Canón City, Colorado. Applicant initiated this
action by filing pro se an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C.
§ 2254. The Court granted Applicant leave to proceed pursuant to 28 U.S.C. § 1915.
As part of the preliminary consideration of the Application in this case and
pursuant to Keck v. Hartley, 550 F. Supp. 2d 1272 (D. Colo. 2008), the Court has
determined that a limited Pre-Answer Response is appropriate. Respondent is directed
pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States
District Courts to file a Pre-Answer Response limited to addressing the affirmative
defense of exhaustion of administrative remedies with respect to the execution of his
sentence. If Respondent does not intend to raise this affirmative defense, Respondent
must notify the Court of that decision in the Pre-Answer Response. Respondent may
not file a dispositive motion as a Pre-Answer Response, or an Answer, or otherwise
address the merits of the claims in response to this Order.
In support of the Pre-Answer Response, Respondent should attach as exhibits all
relevant portions of the administrative record, including but not limited to copies of all
documents demonstrating whether Applicant has exhausted administrative remedies.
Accordingly, it is
ORDERED that within twenty-one days from the date of this Order
Respondent shall file a Pre-Answer Response that complies with this 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. 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 Pre-Answer Response.
Dated: January 2, 2014
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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