Opinion
Civil Action No. 12-cv-02742-BNB
12-20-2012
LEO SIMMONS Applicant, v. JAMES FALK, Warden, and JOHN SUTHERS, The Attorney General of the State of Colorado, Respondents.
MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE BOYD N. BOLAND
On December 19, 2012, Applicant filed a pleading titled, "Default Judgments-Against Officer or Agency of State C.R.C.P. 55(e)," ECF No. 14. The Court construes the pleading as a Motion for Default Judgment. Applicant asserts Respondents have failed to file a Response as they were instructed to do by the Court. The Motion is DENIED as inappropriate and moot. Respondents filed a Preliminary Response on November 21, 2012.
Although Respondents have submitted a certificate of mailing to the Court indicating they sent a copy of the Preliminary Response to Applicant on November 23, 2012, and Applicant filed a Brief on November 26, 2012, it is not clear that Applicant has received a copy of the Preliminary Response. The Court, therefore, will instruct Respondents to resend a copy to Applicant. The Court will give Applicant an additional twenty-one days from the date Respondents file a certificate of mailing with the Court indicating they resent a copy of the Preliminary Response to Applicant to file a Reply.