Opinion
Civil Action No. 11-cv-03360-RPM
06-08-2012
TIMOTHY RADLOFF, Petitioner, v. TOM CLEMENTS, Exec. Director, Colorado Department of Corrections, DICK SMELSER, Warden, Crowley County Correctional Facility, and JOHN W. SUTHERS, Attorney General, State of Colorado, Respondents.
Senior District Judge Richard P. Matsch
STAY ORDER
Upon review of the petitioner's reply [8], filed June 7, 2012, and it appearing that the question of whether Timothy Radloff should be granted an evidentiary hearing that is the subject of an appeal to the Colorado Court of Appeals from the denial by the State District Court of the petitioner's second Rule 35(c) motion and applying the principles of comity, the state court should have the opportunity to address that issue before further proceeding in this court on the habeas corpus petition and it is therefore
ORDERED that this action is stayed pending the appeal of the petitioner's second Rule 35(c) motion.
BY THE COURT:
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Richard P. Matsch, Senior Judge