Jones et al v. Archuleta

Filing 16

ORDER granting 15 Motion to Dismiss Without Prejudice, and denying 13 Motion for Stay and Abeyance, by Judge Lewis T. Babcock on 4/11/16.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 16-cv-00193-GPG
BERNARD JONES,
Applicant,
v.
LOU ARCHULETA, Warden, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

ORDER DISMISSING CASE

Applicant, Bernard Jones, is a prisoner in the custody of the Colorado Department
of Corrections. Mr. Jones initiated this action by filing pro se an Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 1). On February 24, 2016,
Magistrate Judge Gordon P. Gallagher ordered Respondents to file a Pre-Answer
Response that addresses the affirmative defenses of timeliness and exhaustion of state
court remedies if Respondents intend to raise either or both of those defenses in this
action. On March 16, 2016, Respondents filed their Pre-Answer Response (ECF No. 12)
arguing, in part, that Mr. Jones has failed to exhaust state remedies. On March 21,
2016, Mr. Jones filed a Motion for Stay and Abeyance (ECF No. 13) asking the Court to
stay this action while he continues to seek postconviction relief in state court. On March
22, 2016, Respondents filed a Response to Motion for Stay (ECF No. 14). On April 8,
2016, Mr. Jones filed a Motion to Dismiss Without Prejudice (ECF No. 15) asking the
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Court to dismiss the instant action so that he can exhaust state remedies. The motion to
dismiss will be granted. Accordingly, it is
ORDERED that the Motion to Dismiss Without Prejudice (ECF No. 15) is granted
and the action is dismissed without prejudice. It is
FURTHER ORDERED that the Motion for Stay and Abeyance (ECF No. 13) is
denied as moot.
DATED at Denver, Colorado, this

11th

day of

April

, 2016.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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