Cortez v. Raemisch et al

Filing 11

ORDER Drawing Case, by Magistrate Judge Gordon P. Gallagher on 8/31/2015. (agarc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01776-GPG
RICARDO CORTEZ,
Applicant,
v.
RICK RAEMISCH, Executive Director CDOC; and
CYNTHIA H. COFFMAN, the Attorney General of the State of Colorado,
Respondents.

ORDER DRAWING CASE

Applicant, Ricardo Cortez, has filed, pro se, an Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2254.
On August 21, 2015, the Court ordered Respondents t o file a Pre-Answer
Response addressing the timeliness of the Application, and whether Mr. Cortex had
exhausted available state court remedies before seeking federal habeas corpus relief.
(ECF No. 5).
Respondents filed a Pre-Answer Response (ECF No. 9) on August 28, 2015, in
which they concede that the Application is timely, and that Applicant has exhausted
state court remedies for the three claims asserted in the Application. Respondents
further assert that they do not waive the defenses in the event the Court concludes
otherwise. (Id.).
Mr. Cortez’s state court filings reflect that his Application is timely under the
AEDPA one-year limitation period, 28 U.S.C. § 2244(d)(1), and that the claim s he

asserts in the § 2254 Application were raised in his direct appeal proceeding. (See
ECF No. 9-5, at 26-34).
After review pursuant to D.C.COLO.LCivR 8.1(b), the Court has determined that
this case does not appear to be appropriate f or summary dismissal. See
D.C.COLO.LCivR 8.1(c). Therefore, the case will be drawn to a presiding judge and, if
appropriate, to a magistrate judge. See D.C.COLO.LCivR 40.1(a). Accordingly, it is
ORDERED that this case shall be drawn to a presiding judge, or, if appropriate,
to a magistrate judge. See D.C.COLO.LCivR 40.1(a).
DATED August 31, 2015, at Denver, Colorado.
BY THE COURT:
S/ Gordon P. Gallagher

United States Magistrate Judge