Nelson v. Trani et al

Filing 16

ORDER for State Court Record and to Answer, by Magistrate Judge Boyd N. Boland on 10/15/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02151-BNB

HARVEY NELSON,
Applicant,
v.
TRAVIS TRANI, and
JOHN W. SUTHERS, The Attorney General for the State of Colorado,
Respondents.

ORDER FOR STATE COURT RECORD AND TO ANSWER

After preliminary consideration of the application for a writ of habeas corpus filed
pursuant to 28 U.S.C. § 2254, IT IS ORDERED:
(1)

Within thirty (30) days from the date of this order the Respondents

shall 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 El Paso County District Court
Case No. 06CR0542, 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;
(2)

Within thirty (30) days from the date the state court record is provided

to the Court, Respondent(s) shall file an Answer conforming to the requirements of
Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts;
and
(3)

Within thirty (30) days from the date the Respondents file an Answer,

Applicant may file a Reply if he desires; and
(4)

The Clerk of the Court is directed to send copies of this order to the clerk

of the state court from which the case originated and to the Court Services Manager,
Office of the State Court Administrator, by United States mail, first class postage
prepaid, at the following addresses:
Clerk of the Court
El Paso County District Court
P.O. Box 2980
Colorado Springs, Colorado 80901-2980; and;
Court Services Manager
Office of the State Court Administrator
1300 Broadway, Suite 1200
Denver, Colorado 80203
DATED October 15, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge