Williams v. People of the State of Colorado, The
ORDER to File Pre-Answer Response, by Magistrate Judge Gordon P. Gallagher on 3/16/2015. (slibi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03500-GPG
FREEMAN A. WILLIAMS,
DAVID ZUPAN, Warden, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Coffman,
ORDER TO FILE PRE-ANSWER RESPONSE
As part of the preliminary consideration of the Amended Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2254 filed on March 12, 2015 (ECF No. 8), the
Court has determined that a limited Pre-Answer Response is appropriate. Respondents
are directed pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the
United States District Courts 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 under 28 U.S.C. § 2254(b)(1)(A). If Respondents do not intend to raise
either of these affirmative defenses, they must notify the Court of that decision in the
Pre-Answer Response. Respondents may not file a dispositive motion as their PreAnswer Response, or an Answer, or otherwise address the merits of the claims in
response to this Order.
In support of the Pre-Answer Response, Respondents should attach as exhibits
all relevant portions of the state court 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 court remedies.
Applicant may reply to the Pre-Answer 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 court remedies. Applicant should include any 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. § 2254 action in this Court, and any information relevant to overcoming
a procedural default, such as cause and prejudice or the existence of a fundamental
miscarriage of justice. Accordingly, it is
ORDERED that within twenty-one (21) days from the date of this Order
Respondent The Attorney General of the State of Colorado shall file a Pre-Answer
Response that complies with this Order. It is
FURTHER ORDERED that within twenty-one (21) days of the filing of the PreAnswer Response Applicant may file a Reply, if he desires. It is
FURTHER ORDERED that if Respondents do not intend to raise either of the
affirmative defenses of timeliness or exhaustion of state court remedies, the
Respondent Attorney General of the State of Colorado must notify the Court of that
decision in the Pre-Answer Response.
Dated March 16, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge
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