Stine v. Berkebile

Filing 3

ORDER To Respondent To File Preliminary Response, by Magistrate Judge Boyd N. Boland on 07/01/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01829-BNB
MIKEAL GLENN STINE,
Applicant,
v.
DAVID BERKEBILE, Warden ADX,
Respondent.

ORDER TO FILE PRELIMINARY RESPONSE

Applicant, Mikeal Glenn Stine, is a prisoner in the custody of the United States
Bureau of Prisons, who currently is incarcerated at the United States Penitentiary in
Florence, Colorado. Applicant initiated this action by filing pro se an Application for a
Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and paying the $5 filing fee.
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 Preliminary 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 Preliminary 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 Preliminary Response. Respondent may
not file a dispositive motion as a Preliminary Response, or an Answer, or otherwise

address the merits of the claims in response to this Order.
In support of the Preliminary 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.
Respondent also is directed to submit a copy of the Disciplinary Hearing Officer’s report
for Incident Report No. 2561571 and state to the Court what good time credit Applicant
lost as a result of his conviction in this disciplinary action. Accordingly, it is
ORDERED that within twenty-one days from the date of this Order
Respondent shall file a Preliminary Response that complies with this Order. It is
FURTHER ORDERED that within twenty-one days of the filing of the
Preliminary 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 Preliminary Response.
Dated: July 1, 2014
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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