Opinion
Civil Action No. 11-CV-02500-BNB
10-24-2011
LYNN EUGENE SCOTT, Applicant, v. WARDEN OF THE BUENA VISTA CORRECTIONAL FACILITY, Respondent.
ORDER GRANTING RESPONDENT EXTENSION OF TIME TO FILE
RESPONSE TO MOTION TO AMEND AND HABEAS CORPUS APPLICATION
As part of the preliminary consideration of the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 filed in this case on September 30, 2011, the Court determined that a limited preliminary response to the habeas corpus application was appropriate, therefore, on October 4, 2011, the Court directed Respondent pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts to file within twenty-one days a preliminary response limited to addressing the affirmative defenses of timeliness under 28 U.S.C. § 2244(d) and/or exhaustion of state court remedies.
On October 14, 2011, Applicant filed a motion titled "Motion to Amend Habeas Application." See ECF No. 6. Respondent will be directed to respond to the motion to amend at the same he files his preliminary response, and will be allowed an additional twenty-one days from the date of this order to do so. The deadline for filing the preliminary response listed in the October 4 order will be vacated.
Accordingly, it is
ORDERED that within twenty-one (21) days from the date of this order Respondent shall file a response to the motion to amend filed on October 14, 2011, at the same time he files a preliminary response that complies with the October 4, 2011, order. It is
FURTHER ORDERED that the deadline for filing the preliminary response listed in the October 4 order is vacated. 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.
DATED October 24, 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-02500-BNB Lynn Eugene Scott
Prisoner No. 60760
Buena Vista Correctional Complex
PO Box 2017
Buena Vista, CO 81211
Warden of the Buena Vista Correctional Facility
c/o Keith Nordell
Colorado Department of Corrections
Office of Legal Affairs
DELIVERED ELECTRONICALLY
John Suthers, Attorney General
Office of the Attorney General
DELIVERED ELECTRONICALLY
James Quinn, Asst. Attorney General
Office of the Attorney General
DELIVERED ELECTRONICALLY
COURTESY COPY
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals.
GREGORY C. LANGHAM, CLERK
By ____________
Deputy Clerk