Mardis v. Falk

Filing 18

ORDER To Respondents to File Amended Preliminary Response, by Magistrate Judge Gordon P. Gallagher on 03/12/15. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-03055-GPG
ALEXANDER S. MARDIS,
Applicant,
v.
JAMES FALK, Warden, SCF, and
A.G. CYNTHIA H. COFFMAN,
Respondents.

ORDER TO FILE AMENDED 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. 9) in this action, the Court
ordered Respondents 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. On February 11, 2015, Respondents filed a Preliminary Response (ECF No.
13) that addresses the affirmative defense of exhaustion of state court remedies.
On February 17, 2015, Applicant filed an amended Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 15) in which he amends his
three claims. In light of the Amended Application, Respondents will be directed to file
an amended Preliminary Response that addresses whether Applicant’s claims in the
Amended Application (ECF No. 15) filed February 17, 2015 are subject to dismissal for
failure to exhaust state court remedies. Accordingly, it is
ORDERED that within twenty-one (21) days from the date of this Order

Respondents shall file an amended Preliminary Response that complies with this Order.
It is
FURTHER ORDERED that within twenty-one (21) days of the filing of the
amended Preliminary Response, Applicant may file a Reply, if he desires.
DATED March 12, 2015, at Denver, Colorado.
BY THE COURT:

s/Gordon P. Gallagher
United States Magistrate Judge

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