Green v. Miller et al

Filing 15

ORDER to File Supplement to Pre-Answer Response, by Magistrate Judge Gordon P. Gallagher on 2/25/15. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-03203-GPG
KENNETH GREEN,
Applicant,
v.
MICHAEL MILLER, Warden Crowley County Correctional Facility, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

ORDER TO FILE SUPPLEMENT TO PRE-ANSWER RESPONSE

As part of the preliminary consideration of the Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 1) filed in this action November 25,
2014, the Court ordered Respondents to file a Pre-Answer Response limited to
addressing the affirmative defenses of timeliness under 28 U.S.C. § 2244(d) and/or
exhaustion of state court remedies. On December 24, 2014, Respondents filed a PreAnswer Response (ECF No. 10) and on February 2, 2015, Applicant filed a Reply to
Pre-Answer Response (ECF No. 14).
Respondents argue in the Pre-Answer Response that the application is barred by
the one-year limitation period in 28 U.S.C. § 2244(d) and that Applicant’s claims are
unexhausted and procedurally defaulted. With respect to the one-year limitation period,
Applicant argues in his reply that the one-year limitation period should be tolled because
his medical condition impeded his ability to file a timely habeas corpus application.
Respondents have not had an opportunity to address this equitable tolling argument.

Therefore, Respondents will be directed to file a supplement to the Pre-Answer
Response that addresses Applicant’s equitable tolling argument if Respondents wish to
respond to that argument. Accordingly, it is
ORDERED that within twenty-one (21) days from the date of this Order
Respondents shall file a supplement to the Pre-Answer Response that complies with
this Order if Respondents wish to respond to Applicant’s equitable tolling argument. It is
FURTHER ORDERED that within twenty-one (21) days of the filing of any
supplement to the Preliminary Response Applicant may file a Reply to the
supplement, if he desires.
DATED February 25, 2015, at Denver, Colorado.
BY THE COURT:

s/ Gordon P. Gallagher
United States Magistrate Judge

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