Smith v. Bonner et al

Filing 23

Second ORDER for State Court Records. By July 1, 2014, Respondents shall file with the Clerk of the Court the state court record for People v. Smith, Otero County District Court Case No. 04CR247. By Judge Robert E. Blackburn on 6/18/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-03499-REB
WILLARD C. SMITH,
Applicant,
v.
BOBBY BONNER, Warden, and
JOHN SUTHERS, The Attorney General of the State of Colorado,
Respondents.

SECOND ORDER FOR STATE COURT RECORD
Blackburn, J.
On May 1, 2014, the Honorable Lewis T. Babcock, a Senior United States District
Judge for the District of Colorado, entered an order instructing the Respondents to file
with the Clerk of the Court, in electronic format if available, a copy of the complete
record of Applicant’s state court proceedings in People v. Smith, Otero County District
Court Case No. 04CR247, including all documents in the state court file and transcripts
of all proceedings conducted in the state court, but excluding any physical evidence (as
opposed to documentary evidence) not relevant to the asserted claims. The
Respondents were directed to submit the records within thirty (30) days of the May 1
Order. Copies of the May 1 Order were sent to the Clerk of the Court for the Otero
County District Court, the Assistant Solicitor General of the Office of the Colorado
Attorney General, and the State Court Services Manager.
As of the date of this Order, the Court has not received the record of Applicant’s

state court proceedings. Thus, the Respondents will be ordered again to provide the
state court record in Applicant’s criminal case.
THEREFORE, IT IS ORDERED as follows:
1. That by July 1, 2014, Respondents shall file with the Clerk of the Court the
state court record for People v. Smith, Otero County District Court Case No.
04CR247, as described above, and as required under Rule 5 of the Rules Governing
Section 2254 Cases in the United States District Courts;
2. That the Clerk of the Court is directed to send copies of this order to the
following:
(1)

Clerk of the Court
Otero County District Court
13 W. Third St., Room 207
La Junta, Colorado 81050;

(2)

Assistant Solicitor General
Appellate Division
Office of the Attorney General
1525 Sherman Street
Denver, Colorado 80203; and

(3)

Court Services Manager
State Court Administrator’s Office
101 W. Colfax, Ste. 500
Denver, Colorado 80202.

DATED June 18, 2014, at Denver, Colorado.
BY THE COURT:

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