Barron v. People of the State of Colorado, The et al

Filing 12

ORDER by Magistrate Judge Gordon P. Gallagher on 11/18/14, DENYING as moot 7 Motion Out of Time, and Directing Respondent to file a Pre-Answer Response. FURTHER ORDERED that the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 8), which was tendered to the Court on November 13, 2014 shall be filed, nunc pro tunc, on November 13, 2014. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02698-GPG
LAVERN BARRON,
Petitioner,
v.
RANDY LIND, Warden, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

ORDER TO FILE PRE-ANSWER RESPONSE

Applicant has tendered to the Court an Application for a Writ of Habeas Corpus
Pursuant to 28 U.S.C. § 2254 (ECF No. 8). The Application will be accepted for filing.
As part of the preliminary consideration of the Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2254 filed on November 13, 2014 (ECF No. 8), the
Court has determined that a limited Pre-Answer Response is appropriate. Respondents
are directed pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the
United States District Courts 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 under 28 U.S.C. § 2254(b)(1)(A). If Respondents do not intend to raise
either of these affirmative defenses, they must notify the Court of that decision in the
Pre-Answer Response. Respondents may not file a dispositive motion as their PreAnswer Response, or an Answer, or otherwise address the merits of the claims in
response to this Order.

In support of the Pre-Answer Response, Respondents should attach as exhibits
all relevant portions of the state court record, including but not limited to copies of all
documents demonstrating whether this action is filed in a timely manner and/or whether
Applicant has exhausted state court remedies.
Applicant may reply to the Pre-Answer Response and provide any information
that might be relevant to the one-year limitation period under 28 U.S.C. § 2244(d)
and/or the exhaustion of state court remedies. Accordingly, it is
ORDERED that within twenty-one (21) days from the date of this Order
Respondent The Attorney General of the State of Colorado shall file a Pre-Answer
Response that complies with this Order. It is
FURTHER ORDERED that within twenty-one (21) days of the filing of the PreAnswer Response Applicant may file a Reply, if he desires. It is
FURTHER ORDERED that if Respondents do not intend to raise either of the
affirmative defenses of timeliness or exhaustion of state court remedies, the
Respondent Attorney General of the State of Colorado must notify the Court of that
decision in the Pre-Answer Response. It is
FURTHER ORDERED that the Application for a Writ of Habeas Corpus Pursuant
to 28 U.S.C. § 2254 (ECF No. 8), which was tendered to the Court on November 13,
2014 shall be filed, nunc pro tunc, on November 13, 2014. It is
FURTHER ORDERED that the “Motion Out of Time, Requesting that Application
for Writ of Habeas Corpus and 28 U.S.C. § 1915 Accepted as Timely Filed” (ECF No. 7)
is DENIED as moot.

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Dated November 18, 2014, at Denver, Colorado.
BY THE COURT:

s/ Gordon P. Gallagher
United States Magistrate Judge

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