Garcia v. Lind et al

Filing 5

ORDER For Limited Response Directed to Equitable Tolling: the respondent and additional respondent shall on or before April 16, 2014, file a response directed to the issue of equitable tolling, re 1 Application, by Judge Richard P. Matsch on 3/13/2014. (rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 14-cv-00715-RPM
JULIAN KEITH GARCIA,
Petitioner,
v.
RANDY LIND, Acting Warden of
Arkansas Valley Correctional Facility,
Colorado Department of Corrections,
Respondent,
And
JOHN SUTHERS, The Attorney General
of the State of Colorado,
Additional Respondent.
_____________________________________________________________________
ORDER FOR LIMITED RESPONSE DIRECTED TO EQUITABLE TOLLING
_____________________________________________________________________
In the Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, filed on
March 10, 2014, the petitioner admits that this petition is untimely under 28 U.S.C. §
2244(d)(1)(a) but asks that he be granted equitable tolling on grounds stated at pages
53 through 60 of the petition. Because that question is determinative of this court’s
jurisdiction in this matter, it is
ORDERED that the respondent and additional respondent shall on or before April
16, 2014, file a response directed to the issue of equitable tolling.
DATED: March 13th, 2014
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge