Turner v. Archuleta et al

Filing 9

MINUTE ORDER denying as moot 8 Motion to Strike Previous Brief by Magistrate Judge Gordon P. Gallagher on 8/5/15.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01580-GPG

DERRICK E. TURNER,
Applicant,
v.
LOU ARCHULETA, Warden
THE ATTORNEY GENERAL OF THE STATE OF COLORADO

Respondents.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE GORDON P. GALLAGHER
Applicant has submitted a “Motion to Strike Previous Brief” requesting the Court
to strike his initial § 2254 brief and accept his second § 2254 brief in its place. On July
27, 2015, this Court issued an Order directing Plaintiff to submit a § 1915 motion (or, in
the alternative, pay the filing fee) and cure designated deficiencies in his application.
On July 31, 2015, the Court issued a Minute Order noting that the Applicant had filed an
Amended Application on the same date as the Court’s Order to Cure and that the
Amended Application had cured some, but not all, of the designated deficiencies.
Therefore, the Court instructed Applicant to cure all of the designated deficiencies as
instructed in the July 27, 2015 Court Order. As such, Applicant must file another
Amended Application curing the designated deficiencies if he wishes to pursue his
claims. He may raise all of the claims and issues he wishes to present in the Amended
Application. Therefore, Applicant’s “Motion to Strike Previous Brief” (ECF No. 8) is
DENIED as moot.
Dated: August 5, 2015