Opinion
Civil Action No. 11-cv-02502-BNB
09-29-2011
ROY ALBERT KAHN, Applicant, v. WARDEN C. DANIELS, USP Florence, Respondent.
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 filed on September 23, 2011, in this case and pursuant to Redmon v. Wiley, 550 F. Supp. 2d 1275 (D. Colo. 2008), the Court has determined that a limited Preliminary Response is appropriate. Respondent is directed pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts to file a Preliminary Response limited to addressing the affirmative defense of exhaustion of administrative remedies. If Respondent does not intend to raise this affirmative defense, Respondent must notify the Court of that decision in the Preliminary Response. Respondent may not file a dispositive motion as a Preliminary Response, or an Answer, or otherwise address the merits of the claims in response to this Order.
In support of the Preliminary Response, Respondent should attach as exhibits copies of any administrative grievances Applicant has filed raising the issues asserted in the Application, as well as any responses to those grievances. Applicant may reply to the Preliminary Response and provide any information that might be relevant to his efforts to exhaust administrative remedies. Accordingly, it is
ORDERED that within twenty-one (21) 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 (21) 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 the affirmative defense of exhaustion of administrative remedies, Respondent must notify the Court of that decision in the Preliminary Response.
DATED September 29, 2011, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 11-cv-02502-BNB
Roy Albert Kahn
Reg. No. 69869-004
USP Florence - High
PO Box 7000
Florence, CO 81226
C Daniels, Warden - CERTIFIED
USP Florence - High
PO Box 7500
Florence, CO 81226
United States Attorney General - CERTIFIED
Room 5111, Main Justice Bldg.
10th and Constitution, N.W.
Washington, D.C. 20530
United States Attorney
District of Colorado
DELIVERED ELECTRONICALLY
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals, and the following forms to C Daniels, to The United States Attorney General, and to the United States Attorney's Office: APPLICATION FOR A WRIT OF HABEAS CORPUS 9/23/11 on September 29, 2011.
GREGORY C. LANGHAM, CLERK
By:__________
Deputy Clerk