Opinion
Civil Action No. 11-cv-03336-MSK-KMT
04-12-2012
MICHAEL GLENN WINBUSH, Applicant, v. WARDEN FAULK, Warden of Sterling Corr. Fac., and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents.
Magistrate Judge Kathleen M. Tafoya
ORDER FOR STATE COURT RECORD AND TO ANSWER
After preliminary consideration of the application for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, IT IS ORDERED:
(1) Within thirty (30) days from the date of this order Respondents shall file with the Clerk of the Court, in electronic format if available, a copy of the complete record of Applicant's state court proceedings in People v. Winbush, El Paso County District Court case number 06CR1878, including all documents in the state court file and transcripts of all proceedings conducted in the state court, but excluding any physical evidence (as opposed to documentary evidence) not relevant to the asserted claims;
(2) Within thirty (30) days from the date the state court record is provided to the Court, Respondent(s) shall file an Answer conforming to the requirements of Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts; and
(3) Within thirty (30) days of the filing of the answer Applicant may file a reply, if he desires; and
(3) The Clerk of the Court is directed to send copies of this order to the clerk of the state court from which the case originated and to the Court Services Manager, State Court Administrator's Office by United States mail, first class postage prepaid, at the following addresses:
Clerk of the Court
El Paso County District Court
P.O. Box. 80901-2980
Colorado Springs, Colorado 80901-2980
Court Services Manager
State Court Administrator's Office
101 W. Colfax, Suite 500
Denver, Colorado 80202
BY THE COURT:
__________________
Kathleen M. Tafoya
United States Magistrate Judge