James v. Cozza-Rhodes
Filing
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ORDER TO FILE PRELIMINARY RESPONSE by Magistrate Judge Gordon P. Gallagher on 1/27/16. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00190-GPG
RASHOD L. JAMES,
Applicant,
v.
TERESA K. COZZA-RHODES,
Respondent.
ORDER TO FILE PRELIMINARY RESPONSE
Applicant is in the custody of the Federal Bureau of Prisons and currently is
incarcerated at the United States Penitentiary, Florence High, 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
disciplinary proceedings. Applicant has been granted leave to proceed pursuant to 28
U.S.C. ยง 1915.
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 actions. If Respondent does not intend to raise this
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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: January 27, 2016
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge
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