Opinion
Civil Case No. 05-cv-01446-LTB-BNB.
January 24, 2006
ORDER
On January 10, 2006, the Magistrate Judge issued his recommendation that the Petitioner's 28 U.S.C. § 2241 Application be dismissed for failure to name the Attorney General of the State of Colorado as a party-respondent. Petitioner has filed timely written objections to the recommendation which, pursuant to applicable case law, I construe liberally. In the caption to the objections, Petitioner has named "State of Colorado — Attorney General — Office — Respondent, and Warden Howes, Lakeland Correctional Facility, Respondent." It appears, without deciding, that Petitioner has attempted to name the correct additional Respondent and has now substantially complied with the Magistrate Judge's show cause order. Accordingly
IT IS ORDERED that the objections to the Magistrate Judge's recommendation are sustained, the caption is considered amended, and the above matter is re-referred to the Magistrate Judge for further proceedings.