Eden v. Cozza-Rhodes

Filing 26

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

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