Thomas v. Trani et al

Filing 23

ORDER to File Supplement to Pre-Answer Response, by Magistrate Judge Gordon P. Gallagher on 12/03/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01950-GPG
DEMETRIUS THOMAS,
Applicant,
v.
TRAVIS TRANI, and
JOHN W. SUTHERS, Attorney General of the State of Colorado,
Respondents.

ORDER TO FILE SUPPLEMENT TO PRE-ANSWER RESPONSE

As part of the preliminary consideration of the amended Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 12) filed in this action
September 2, 2014, the Court ordered Respondents to file a Pre-Answer Response
limited to addressing the affirmative defenses of timeliness under 28 U.S.C. § 2244(d)
and/or exhaustion of state court remedies. On November 7, 2014, Respondents filed a
Pre-Answer Response (ECF No. 20) and on December 2, 2014, Applicant filed a Reply
to Pre-Answer Response (ECF No. 22).
Respondents apparently argue in the Pre-Answer Response that the application
is barred by the one-year limitation period in 28 U.S.C. § 2244(d) and that many of
Applicant’s claims are unexhausted and procedurally barred. With respect to the oneyear limitation period, Applicant argues in his reply that the one-year limitation period
should be equitably tolled. Respondents have not had an opportunity to address
Applicant’s equitable tolling arguments. Therefore, Respondents will be directed to file

a supplement to the Pre-Answer Response that addresses Applicant’s equitable tolling
arguments if Respondents wish to respond to those arguments. Accordingly, it is
ORDERED that within twenty-one (21) days from the date of this Order
Respondents shall file a supplement to the Pre-Answer Response that complies with
this Order if Respondents wish to respond to Applicant’s equitable tolling arguments. It
is
FURTHER ORDERED that within twenty-one (21) days of the filing of any
supplement to the Preliminary Response Applicant may file a Reply to the
supplement, if he desires.
DATED December 3, 2014, at Denver, Colorado.
BY THE COURT:

s/ Gordon P. Gallagher
United States Magistrate Judge

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