Goldsworth v. Eigth Judicial District, Larimer County, Colorado et al
Filing
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ORDER to File Pre-Answer Response, by Magistrate Judge Gordon P. Gallagher on 3/03/2015. (slibi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00433-GPG
JOSHUA LEBEY GOLDSWORTH,
Applicant,
v.
EIGHTH JUDICIAL DISTRICT, LARIMER COUNTY, COLORADO, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.
ORDER TO FILE PRE-ANSWER RESPONSE
Applicant currently resides in Greeley, Colorado. Applicant, acting pro se,
initiated this action by filing an Application for a Writ of Habeas Corpus Pursuant to 28
U.S.C. § 2254 challenging his conviction and sentence in Larimer County District Court
Case No. 13CV0279 and 2010M1711.
As part of the preliminary consideration of the Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2254 in this case, the Court has determined that a
limited Pre-Answer Response is appropriate. Respondent The Attorney General of the
State of Colorado is directed pursuant to Rule 4 of the Rules Governing Section 2254
Cases in the United States District Courts and to Denson v. Abbott, 554 F.Supp. 2d
1206 (D. Colo. 2008), to file a Pre-Answer Response 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 Respondent does not intend to raise
either of these affirmative defenses, he must notify the Court of that decision in the PreAnswer Response.
In support of the Pre-Answer Response, Respondent 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 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. § 2254 action in this Court. Accordingly, it is
ORDERED that within twenty-one 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 and addresses exhaustion, timeliness, and
jurisdiction issues. It is
FURTHER ORDERED that within twenty-one days of the filing of the PreAnswer Response Applicant may file a Reply, if he desires. It is
FURTHER ORDERED that if Respondent The Attorney General of the State of
Colorado does not intend to raise either of the affirmative defenses of timeliness or
exhaustion of state court remedies, he must notify the Court of that decision in the PreAnswer Response.
Dated: March 3, 2015
BY THE COURT:
s/Gorgon P. Gallagher
United States Magistrate Judge
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