Eden v. Cozza-Rhodes

Filing 26

ORDER to File Supplement to Preliminary Response, by Magistrate Judge Gordon P. Gallagher on 3/26/15. (morti, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 14-cv-03014-GPG CASEY D. EDEN, Applicant, v. T. COZZA-RHODES, Respondent. ORDER TO FILE SUPPLEMENT TO PRELIMINARY RESPONSE As part of the preliminary consideration of the amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 14) in this action, the Court ordered Respondent to file a Preliminary Response limited to addressing the affirmative defense of exhaustion of administrative remedies with respect to the execution of his sentence. On February 17, 2015, Respondent filed a Preliminary Response (ECF No. 23) that addresses the exhaustion question. In addition, on February 18, 2015, Respondent filed a “Status Report,” which appears to indicate that Petitioner’s sentencing credit claim now is moot. Accordingly, it is ORDERED that within twenty-one (21) days from the date of this Order Respondent shall file a supplement to the Preliminary Response that addresses whether Applicant’s Application for sentencing credit now is moot. It is FURTHER ORDERED that within twenty-one (21) days of the filing of the supplement to the Preliminary Response Applicant may file a Reply to the supplement, if he desires. DATED March 26, 2015, at Denver, Colorado. BY THE COURT: s/Gordon P. Gallagher United States Magistrate Judge

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