Opinion
Civil Action No. 11-cv-01661-BNB
10-05-2011
JASON GREGGORY COMPTON, Applicant, v. ELBERT COUNTY SHERIFF, Respondent.
SECOND ORDER TO FILE PRELIMINARY RESPONSE
As part of the preliminary consideration of the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 that has been submitted to the Court in this action, the Court determined that a limited Preliminary Response is appropriate. On September 7, 2011, the Court entered an order directing Respondent to file a Preliminary Response within twenty-one days. Respondent has failed to respond as directed. The Court again will order Respondent to file a Preliminary Response in keeping with the Court's September 7, 2011, Order and to explain the failure to respond to the Court's September 7 Order in a timely manner. Accordingly, it is
ORDERED that within ten 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 either of the affirmative defenses of timeliness or exhaustion of state court remedies, Respondent must notify the Court of that decision in the Preliminary Response.
DATED October 5, 2011, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge
CERTIFICATE OF MAILING
Civil Action No. 11-cv-01661-BNB
Jason Greggory Compton
Elbert County Jail
PO Box 486
Kiowa, CO 80117
The Elbert County Sheriff - CERTIFIED
751 Ute Ave
PO Box 486
Kiowa, CO 80117
The Elbert County Attorney's Office - CERTIFIED
10964 S Pike's Peak Dr
Parker, CO 80138
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals, and the following forms to The Elbert County Sheriff and to the Elbert County Attorney's Office: APPLICATION FOR A WRIT OF HABEAS CORPUS 9/2/11 on October 5, 2011.
GREGORY C. LANGHAM, CLERK
_________
Deputy Clerk