Mogavero v. Cozza-Rhodes

Filing 7

ORDER to File Preliminary Response, by Magistrate Judge Boyd N. Boland on 9/10/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02381-BNB
JOSEPH MOGAVERO,
Applicant,
v.
T. K. COZZA-RHODES,
Respondent.

ORDER TO FILE PRELIMINARY RESPONSE

As part of the preliminary consideration of the Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 1) filed on August 27, 2014, in this case
and pursuant to Redmon v. Wiley, 550 F. Supp. 2d 1275 (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. 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
copies of any administrative grievances Applicant has filed raising the issues asserted in

the Application, as well as any responses to those grievances. Applicant may reply to
the Preliminary Response and provide any information that might be relevant to his
efforts to exhaust administrative remedies. Accordingly, it is
ORDERED that within twenty-one (21) 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 (21) 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 September 10, 2014, at Denver, Colorado.
BY THE COURT:

s/ Boyd N. Boland
United States Magistrate Judge

2