Castillo v. Raemisch et al
ORDER to File Pre-Answer Response, by Magistrate Judge Gordon P. Gallagher on 2/2/15. (morti, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00195-GPG
RICK RAEMISCH, Executive Director Colorado Dept of Corrections,
RANDY LIND, Warden, Arkansas Correctional Facility, and
JOHN SUTHERS, Attorney General, State of Colorado,
ORDER TO FILE 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 by a Person in State Custody, filed by Applicant,
through counsel, on January 28, 2015 (ECF No. 1), 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 Pre-Answer
Response, or an Answer, or otherwise address the merits of the claims in response to
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. 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 February 2, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge
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