Moore v. Denham
ORDER to File Preliminary Response, by Magistrate Judge Boyd N. Boland on 10/06/2014. (slibi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02461-BNB
KEVIN A. MOORE,
DEBORAH DENHAM, Warden,
ORDER TO FILE PRELIMINARY RESPONSE
Applicant, Kevin A. Moore, is in the custody of the Federal Bureau of Prisons and
is incarcerated at the Federal Correctional Institution in Englewood, Colorado. Mr.
Moore has filed pro se an Application for a Writ of Habeas Corpus Pursuant to 28
U.S.C. § 2241. (ECF No. 5). He has paid the $5.00 filing fee.
As part of the preliminary consideration of the Amended Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2241 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 procedural issues, such as the affirmative
defense of failure to exhaust of administrative remedies. If Respondent does not intend
to raise the 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
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.
Applicant may reply to the Preliminary Response and provide any information
that might be relevant to his exhaustion of 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
defenses of exhaustion of administrative remedies, Respondent must notify the Court of
that decision in the Preliminary Response.
Dated: October 6, 2014
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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