Wilson v. Cozza-Rhodes
ORDER TO FILE PRELIMINARY RESPONSE by Magistrate Judge Gordon P. Gallagher on 11/23/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02230-GPG
ORDER TO FILE PRELIMINARY RESPONSE
Applicant Maurice Wilson is in the custody if the Federal Bureau of Prisons
currently is incarcerated at the Federal Correctional Institution 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 a disciplinary action.
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 based on the lack of evidence. 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 Order.
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: November 23, 2015
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge
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