Opinion
Civil Action No. 06-cv-01899-MSK-KLM.
January 12, 2009
ORDER
This matter is before the Court sua sponte. It has come to the Court's attention that Applicant has an appeal pending before the Colorado Court of Appeals [Docket No. 45]. The state court record is unavailable for the Court's review due to Applicant's pending appeal.
IT IS HEREBY ORDERED that on or before February 6, 2009, the parties shall each file a status report discussing the issues involved in the appeal, the impact of the appeal on the issues involved in Applicant's habeas application, and the timeline for the briefing in the Colorado Court of Appeals.