Betts v. Trani
Filing
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ORDER TO FILE PRELIMINARY RESPONSE by Magistrate Judge Gordon P. Gallagher on 6/23/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01231-GPG
TERRY BETTS,
Applicant,
v.
TRAVIS TRANI,
Respondent.
ORDER TO FILE PRELIMINARY RESPONSE
Applicant, Terry Betts, is in the custody of the Colorado Department of
Corrections at the Colorado State Penitentiary in Canón City, Colorado. Mr. Betts has
filed pro se an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241.
(ECF No. 1). He has been granted leave to proceed in forma pauperis pursuant to 28
U.S.C. § 1915.
As part of the preliminary consideration of the Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2241 in this case and pursuant to Keck v. Hartley, 550
F. Supp. 2d 1272 (D. Colo. 2008), the Court has determined that a limited Preliminary
Response is appropriate. Respondent Warden is directed pursuant to Rule 4 of the
Rules Governing Section 2254 Cases in the United States District Courts 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 court remedies under Montez v.
McKinna, 208 F.3d 862, 866 (10th Cir. 2000). If Respondent does not intend to raise
either of these affirmative defenses, Respondent must notify the Court of that decision
in the Preliminary Response. Respondent may not file a dispositive motion as a
Preliminary Response, or an Answer, or otherwise address the merits of the claims in
response to this Order.
In support of the Preliminary 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 Preliminary 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. § 2241 action in this Court. Accordingly, it is
ORDERED that within fourteen (14) days from the date of this Order
Respondent Warden shall file a Preliminary Response that complies with this Order. It
is
FURTHER ORDERED that within fourteen (14) days of the filing of the
Preliminary Response Applicant may file a Reply, if he desires. It is
FURTHER ORDERED that if Respondent does not intend to raise either of the
affirmative defenses of timeliness or exhaustion of state court remedies, Respondent
must notify the Court of that decision in the Preliminary Response.
Dated: June 23, 2015
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BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge
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