Mardis v. Falk
ORDER to File Preliminary Response, by Magistrate Judge Gordon P. Gallagher on 1/16/15. (morti, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03055-GPG
ALEXANDER SHAUN MARDIS, Propria Persona,
JAMES FALK, Warden S.C.F., and
A.G. JOHN SUTHERS,
ORDER TO FILE PRELIMINARY RESPONSE
Applicant, Alexander Shaun Mardis, is in the custody of the Colorado Department
of Corrections and currently is incarcerated at the correctional facility in Sterling,
Colorado. Applicant, acting pro se, has filed an Amended Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2241 challenging the revocation of his parole.
As part of the preliminary consideration of the Amended Application 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 the affirmative
defenses of timeliness under 28 U.S.C. § 2244(d) and/or exhaustion of state remedies.
If Respondent does not intend to raise either of these affirmative defenses, 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 this Order.
In support of the Preliminary Response, Respondent should attach as exhibits all
relevant portions of the state 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 remedies.
Applicant may reply to the Preliminary 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 remedies. Applicant also should include information
relevant to equitable tolling, specifically as to whether he has pursued his claims
diligently and whether some extraordinary circumstance prevented him from filing a
timely 28 U.S.C. § 2241 action in this Court. Accordingly, it is
ORDERED that within twenty-one 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 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 either of the
affirmative defenses of timeliness or exhaustion of state remedies, it must notify the
Court of that decision in the Preliminary Response.
Dated: January 16, 2015
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge
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