Morris v. Carlson et al

Filing 6

ORDER TO FILE PRELIMINARY RESPONSE by Magistrate Judge Gordon P. Gallagher on 11/30/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02349-GPG
MICHAEL ALLEN MORRIS,
Applicant,
v.
MARY CARLSON, Manager of Offender Time/ Release Operations Colorado
Department of Corrections (CDOC),
ANGEL MEDINA, Warden of Arrowhead C.C.,
Respondents.

ORDER TO FILE PRELIMINARY RESPONSE

Applicant, Michael Allen Morris, is in the custody of the Colorado Department of
Corrections, currently incarcerated at the Arrowhead Correctional Center in Canon City,
Colorado. Mr. Morris has filed pro se an Amended Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2241 challenging the computation of his sentence.
(ECF No. 4). He has paid the filing fee in full. (ECF No. 5).
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. Respondents are
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 the execution of his
sentence. If Respondents do not intend to raise this affirmative defense, Respondents
must notify the Court of that decision in the Preliminary Response. Respondents may
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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, Respondents 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
Respondents 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 Respondents do not intend to raise the affirmative
defense of exhaustion of administrative remedies, Respondents must notify the Court of
that decision in the Preliminary Response.
Dated November 30, 2015, at Denver, Colorado.

BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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