Betts v. Archuleta et al

Filing 18

ORDER TO FILE SUPPLEMENT TO PRE-ANSWER RESPONSE by Magistrate Judge Gordon P. Gallagher on 12/11/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-02164-GPG
DONALD LANE BETTS,
Applicant,
v.
LOU ARCHULETA, Warden of Fremont Correctional Facility, and
CYNTHIA COFFMAN, Attorney General of the State of Colorado,
Respondents.

ORDER TO FILE SUPPLEMENT TO PRE-ANSWER RESPONSE

As part of the preliminary consideration of the amended Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 5) filed in this action October 13,
2015, the Court ordered Respondents to file a Pre-Answer Response limited to
addressing the affirmative defenses of timeliness under 28 U.S.C. § 2244(d) and/or
exhaustion of state court remedies. On November 30, 2015, Respondents filed a
Pre-Answer Response (ECF No. 15) and on December 7, 2015, Applicant filed a Reply to
Pre-Answer Response (ECF No. 17).
Respondents argue in the Pre-Answer Response that the application is barred by
the one-year limitation period in 28 U.S.C. § 2244(d) and that Applicant’s claim is
unexhausted. With respect to the one-year limitation period, Applicant argues in his
reply that the one-year limitation period did not commence when his conviction became
final because he could not have discovered the factual predicate for his claim until a later
date, see 28 U.S.C. § 2244(d)(1)(D), and perhaps that the one-year limitation period

should be tolled for equitable reasons. Respondents will be directed to file a supplement
to the Pre-Answer Response that addresses Applicant’s timeliness arguments if
Respondents wish to respond to those arguments. Accordingly, it is
ORDERED that within twenty-one (21) days from the date of this Order
Respondents shall file a supplement to the Pre-Answer Response that complies with this
Order if Respondents wish to respond to Applicant’s timeliness arguments. It is
FURTHER ORDERED that within twenty-one (21) days of the filing of any
supplement to the Preliminary Response Applicant may file a Reply to the
supplement, if he desires.
DATED December 11, 2015, at Denver, Colorado.
BY THE COURT:

s/ Gordon P. Gallagher
United States Magistrate Judge

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