Opinion
Civil Action No. 12-cv-01217-LTB-KLM
11-19-2012
TERRENCE S. REDWINE, Applicant, v. ANGEL MEDINA (Warden), and THE ATTORNEY GENERAL OF THE STATE OF [COLORADO] JOHN W. SUTHERS, Respondents.
SECOND ORDER FOR ANSWER
On September 11, 2012, the Court entered an order (ECF No. 23) in this action to dismiss in part and for an answer. The September 11 order specifically directed that the answer was to be filed within thirty days of the filing of the state court record and fully address the merits of exhausted claim three, the only remaining claim. Id. at 7.
The state record was filed on October 12, 2012 (ECF No. 25). Therefore, by the Court's calculations, the answer should have been filed on November 11, 2012. According to the Court's docketing records, no answer has yet been filed. Therefore, Respondents will be allowed fourteen days from the date of this order in which to submit their answer.
Accordingly, it is
ORDERED that Respondents are directed to file an answer in compliance with Rule 5 of the Rules Governing Section 2254 Cases that fully addresses the merits of exhausted claim three, the only remaining claim, within fourteen (14) days from the date of this order. It is
FURTHER ORDERED that within thirty days of the filing of the answer Applicant, Terrence S. Redwine, may file a reply, if he desires.
DATED at Denver, Colorado, this 19th day of November, 2012.
BY THE COURT:
_______________________
LEWIS T. BABCOCK, Senior Judge
United States District Court