Brown v. Lengerich
MINUTE ORDER denying 25 Motion to Clarify; and denying 28 MOTION for Loan of the Record In Habeus Corpus Action. By Judge Philip A. Brimmer on 1/8/2016.(agarc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01748-PAB
JASON LENGERICH, BVCC Warden, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Entered by Judge Philip A. Brimmer
Plaintiff’s Motion for Loan of the Record in Habeas Corpus Action [Docket No.
28] is DENIED. It would not be appropriate to allow applicant to borrow the copy of the
record filed by respondents. Moreover, even if his motion is construed as a request for
a copy of the record, applicant has failed to demonstrate that his claim is not frivolous
and that the transcript is needed to decide the issue presented by his lawsuit. Brown v.
N.M. Dist. Court Clerks, 1998 WL 123064, at *3 n.1 (10th Cir. Mar. 19, 1998)
Respondents’ Motion to Clarify Order for State Court Record and to Answer
[Docket No. 25] is DENIED as moot as Respondents have filed their Answer.
Dated: January 8, 2016
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