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, )

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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 2

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