Farrakhan-Muhammad v. Oliver
ORDER TO FILE PRELIMINARY RESPONSE by Magistrate Judge Gordon P. Gallagher on 10/9/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01880-GPG
Q. ILI-YAAS HAAKEEM FARRAKHAN-MUHAMMAD, 1
JOHN OLIVER, Complex Warden,
ORDER TO FILE PRELIMINARY RESPONSE
Applicant is in the custody of the Federal Bureau of Prisons and currently is
incarcerated at the ADX in Florence, Colorado. Applicant initiated this action by filing pro
se an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. ' 2241 that
challenges violation of his due process rights in a disciplinary proceeding.
As part of the preliminary consideration of the Application 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 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 defense of exhaustion of
administrative remedies with respect to his denial of due process in his disciplinary action
The Court notes that Mr. Q. IliYaas Farrakhan Muhammad, Inmate Register #
02791-088 is the same person as Q Ili-Yaas Haakeem Farrakhan-Muhammad, Christopher
Mitchell, C. Eli-Jah Hakeem Muhammad, Elijah Hakeem Muhammad, and Caliph Ili-Yas
Az-Hakeem Muhammad. The Court further notes that Applicant is identified by the Federal
Bureau of Prisons (BOP) as Q Ili-Yaas Haakeem Farrakhan-Muhammad.
based on the lack of evidence, inability to present witnesses and a written statement, and
bias and prejudice by the Disciplinary Hearing Officer. If Respondent does not intend to
raise this affirmative defense, 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
In support of the Preliminary Response, Respondent should attach as exhibits all
relevant portions of the administrative record, including but not limited to copies of all
documents demonstrating whether Applicant has exhausted administrative remedies.
Accordingly, it is
ORDERED that within twenty-one days from the date of this Order
Respondent shall file a Preliminary Response that complies with this Order. It is
FURTHER ORDERED that within twenty-one 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 the affirmative
defense of exhaustion of administrative remedies, Respondent must notify the Court of
that decision in the Preliminary Response.
Dated: October 9, 2015
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge
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