Bergerud v. Falk et al

Filing 14

ORDER by Magistrate Judge Gordon P. Gallagher on 01/06/15 For State Court Record and To Answer. 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, (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02728-GPG
ALLEN BERGERUD,
Applicant,
v.
JAMES FALK, and
THE ATTORNEY GENERAL OF 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 Weld County District Court
Case No. 02CR2457, 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
Weld County District Court
915 10th Street,
P.O. Box 2038 (80632)
Greeley, Colorado 80631
and;
Court Services Manager
Office of the State Court Administrator
1300 Broadway, Suite 1200
Denver, Colorado 80203
DATED at Denver, Colorado, this 6th day of January , 2015.
BY THE COURT:
S/ Gordon P. Gallagher
United States Magistrate Judge

2