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BARRY v. RIED

United States District Court, D. Colorado
Apr 3, 2007
Civil Action No. 06-cv-01848-LTB-BNB (D. Colo. Apr. 3, 2007)

Opinion

Civil Action No. 06-cv-01848-LTB-BNB.

April 3, 2007


ORDER


This matter is before me on following motions (the "Motions") filed by the petitioner:

1. Motion for Discovery on Habeas Corpus from Respondents (and Others) [Doc. #14, filed 10/16/06];

2. Motion to Set Evidentiary Hearing Regardless of the State's Response, to Protect Evidence [Doc. #17, filed 11/06/06];

3. Motion to Take Notice of Non Reciept [sic] of Answer to Habeas Corpus by the Respondents and to Proceed with Evidentiary Hearing [Doc. # 19, filed 11/21/06];

Insofar as the petitioner asserts that he did not receive the respondents' answer to his habeas petition, the respondents' answer was subsequently stricken, and the respondents were ordered to resubmit their answer.

4. Motion to Extract/Withdraw Statement Made in Affidavit [Doc. #20, filed 11/22/06];

5. Motion to Set Settlement Hearing [Doc. #27, filed 12/05/06];

6. Motion for Response and to Protect Evidence [Doc. #35, filed 1/12/07];

7. Motion to Reconsider [Doc. #41, filed 2/15/07]; and

8. Letter to Judge Babcock and/or Boland [Doc. #43, filed 3/15/07].

The petitioner filed his Application for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 on September 18, 2006 [Doc. #4] (the "Application"). Separately, I have recommended that the Application be dismissed without prejudice. Accordingly,

IT IS ORDERED that the Motions are DENIED AS MOOT.


Summaries of

BARRY v. RIED

United States District Court, D. Colorado
Apr 3, 2007
Civil Action No. 06-cv-01848-LTB-BNB (D. Colo. Apr. 3, 2007)
Case details for

BARRY v. RIED

Case Details

Full title:MICHAEL D. BARRY, Applicant, v. MR. RIED, Warden, JOE ORTIZ, Executive…

Court:United States District Court, D. Colorado

Date published: Apr 3, 2007

Citations

Civil Action No. 06-cv-01848-LTB-BNB (D. Colo. Apr. 3, 2007)