Opinion
Civil Action No. 11-cv-02313-BNB
09-14-2011
LARRY L. WRIGHT, Applicant, v. FEDERAL BUREAU OF PRISONS, Respondent.
Larry L Wright Federal Bureau of Prisons - CERTIFIED c/o Thomas R Kane United States Attorney General - CERTIFIED Room 5111, Main Justice Bldg. 10th and Constitution, N.W. United States Attorney District of Colorado
ORDER TO FILE PRELIMINARY RESPONSE
As part of the preliminary consideration of the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 filed on September 1, 2011, in this case and pursuant to Redmon v. Wiley, 550 F. Supp. 2d 1275 (D. Colo. 2008), the Court has determined that a limited Preliminary Response is appropriate. Respondent is directed pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts to file a Preliminary Response limited to addressing the affirmative defense of exhaustion of administrative remedies. If Respondent does not intend to raise this affirmative defense, Respondent must notify the Court of that decision in the Preliminary Response. Respondent may not file a dispositive motion as a Preliminary Response, or an Answer, or otherwise address the merits of the claims in response to this Order.
In support of the Preliminary Response, Respondent should attach as exhibits copies of any administrative grievances Applicant has filed raising the issues asserted in the Application, as well as any responses to those grievances. Applicant may reply to the Preliminary Response and provide any information that might be relevant to his efforts to exhaust administrative remedies. Accordingly, it is
ORDERED that within twenty-one (21) days from the date of this Order Respondent shall file a Preliminary Response that complies with this Order. 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. It is
FURTHER ORDERED that if Respondent does not intend to raise the affirmative defense of exhaustion of administrative remedies, Respondent must notify the Court of that decision in the Preliminary Response.
BY THE COURT:
CRAIG B. SHAFFER
United States Magistrate Judge
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 11-cv-02313-BNB
Larry L Wright
Federal Bureau of Prisons - CERTIFIED
c/o Thomas R Kane
United States Attorney General - CERTIFIED
Room 5111, Main Justice Bldg.
10th and Constitution, N.W.
United States Attorney
District of Colorado
DELIVERED ELECTRONICALLY
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals, and the following forms to the Federal Bureau of Prisons, to The United States Attorney General, and to the United States Attorney's Office: APPLICATION FOR A WRIT OF HABEAS CORPUS 9/1/11 on September 15, 2011.
GREGORY C. LANGHAM, CLERK
By:________
Deputy Clerk
Postage $______________
Certified Fee _______________
Return Receipt Fee (Endorsement Required) _______________
Restricted Delivery Fee (Endorsement Required) ___________________
Postmark Here 11-cv 2313
Sent To United States Attorney General
Stree, Ap or PO Box Room 5111, Main Justice Bldg. 10th ans Constitution, N.W.
City,State Washington. D.C. 20530
Postage $______________
Certified Fee _______________
Return Receipt Fee (Endorsement Required) _______________
Restricted Delivery Fee (Endorsement Required) ___________________
Postmark Here 11-cv 2313
Sent To Federal Bureau of Prisons
Stree, Ap or PO Box c/o Thomas R Kane 320 First St NW.
City,State Washington, DC 20534