Dodd v. Williams et al
| Gary W. Dodd |
| Dean Williams and Attorney General of the State of Colorado, The |
| 1:2020cv03149 |
| October 21, 2020 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Gordon P Gallagher |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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| Filing 23 CERTIFICATE of Service by MAIL by Clerk of Court re #22 Order, to Clerk of the Court Jefferson County District Court, 100 Jefferson County Parkway, Golden, Colorado 80419, and Office of the State Court Administrator, CPR Unit Manager, 1300 Broadway Suite 1200, Denver, CO 80203. Text Only Entry (evana, ) |
Filing 22
ORDER that Mr. Dodd's claims that the sentencing court violated his federal due process rights by failing to comply with the Colorado sentencing statute in imposing an aggravated sentence (separate from his claim that the aggravated sentence violated the due process principles of Apprendi and Blakely), and that the Colorado sentencing statute itself is unconstitutional under Apprendi and Blakely, are DISMISSED WITH PREJUDICE as procedurally barred. That within thirty (30) days of this order, Respondents shall file an Answer that fully addresses the merits of Mr. Dodds exhausted claim that the trial court's imposition of an aggravated sentence violated the federal due process principles of Apprendi and Blakely. That Mr. Dodd may file a Reply within thirty (30) days from the date that Respondents file their Answer. That, 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 Jefferson County District Court case number 16CR1999, including all documents in the state court file and transcripts of all proceedings conducted in the state court, including physical evidence that is relevant to the asserted claims. That the Clerk of the Court is directed to send copies of this Order to the following: Clerk of the Court Jefferson County District Court, 100 Jefferson County Parkway, Golden, Colorado 80419, and Office of the State Court Administrator CPR Unit Manager, 1300 Broadway, Suite 1200, Denver, CO 80203, by Judge Christine M. Arguello on 12/15/2020. (evana, )
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| Filing 21 CASE REASSIGNED pursuant to #19 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 20-cv-03149-CMA. (Text Only Entry) (nmarb, ) |
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Filing 20
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 12/14/20 re: #19 Consent to Jurisdiction of Magistrate Judge, filed by Dean Williams, Attorney General of the State of Colorado, The. At least one party in this civil action does not consent to have a United States Magistrate Judge conduct all proceedings. Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (nmarb, )
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| Filing 19 CONSENT to Jurisdiction of Magistrate Judge by Respondents Attorney General of the State of Colorado, The, Dean Williams All parties do not consent.. (Michaels, Ellen) |
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Filing 18
MINUTE ORDER. Pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form is 12/23/2020. By Magistrate Judge Kristen L. Mix on December 8, 2020. Text Only Entry (klmlc1, )
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| Filing 17 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (angar, ) |
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Filing 16
ORDER Drawing Case, by Magistrate Judge Gordon P. Gallagher on 12/7/2020. This case is randomly reassigned to Magistrate Judge Kristen L. Mix for all further proceedings. All future pleadings should be designated as 20-cv-3149-KLM (angar, )
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Filing 15
ORDER re: Pending Motions. Request for Abeyance on Post-Conviction 35(a) Motion (ECF No. #12 ), filed on November 20, 2020, is DENIED. The Prisoner Motion for Appointment of Counsel (ECF No. #11 ), filed on November 18, 2020, is DENIED WITHOUT PREJUDICE as premature, by Magistrate Judge Gordon P. Gallagher on 12/3/2020.(angar, )
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| Filing 14 RESPONSE to #12 MOTION for Order to Hold in Abeyance filed by Respondents Attorney General of the State of Colorado, The, Dean Williams. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Michaels, Ellen) |
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Filing 13
MINUTE ORDER. Respondents shall file a response to "Applicant's Request for Abeyance on Post- Conviction Rule 35(a) Motion" (ECF No. #12 ) on or before December 11, 2020, by Magistrate Judge Gordon P. Gallagher on 11/25/2020. (angar, )
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| Filing 12 Request for Abeyance on Post-Conviction 35(a) motion, by Petitioner Gary W. Dodd. (angar, ) |
| Filing 11 MOTION to Appoint Pro Bono Counsel by Petitioner Gary W. Dodd. (Attachments: #1 Envelope)(evana, ) |
| Filing 10 REPLY to #9 Pre-Answer Response, by Petitioner Gary W. Dodd. (evana, ) |
| Filing 9 RESPONSE to #5 Order to File Pre-Answer Response by Respondents Attorney General of the State of Colorado, The, Dean WilliamsAttorney Ellen E. Michaels added to party Attorney General of the State of Colorado, The(pty:res), Attorney Ellen E. Michaels added to party Dean Williams(pty:res). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Michaels, Ellen) |
| Filing 8 ACCEPTANCE OF SERVICE of Order to File Pre-Answer upon Dean Williams on 10/26/2020 (evana, ) |
| Filing 7 ACKNOWLEDGMENT of Service of Application fo Writ of Habeas Corpus, Order to File Pre-Answer Response, Acknowledgment of Service upon Office of the Attorney General of the State of Colorado on 10/26/2020 (evana, ) |
| Filing 6 CERTIFICATE of Service by Clerk of Court re #5 Order (cpomm, ) |
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Filing 5
ORDER to File Pre-Answer Response. Within twenty-one (21) days from the date of this Order Respondents shall file a Pre-Answer Response that complies with this Order, by Magistrate Judge Gordon P. Gallagher on 10/26/2020. (angar, )
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Filing 4
ORDER Granting #2 Leave to Proceed Pursuant to 28 U.S.C. 1915, by Magistrate Judge Gordon P. Gallagher on 10/22/2020.(angar, )
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| Filing 3 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (trvo, ) |
| Filing 2 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 in a Habeas Corpus Action, by Petitioner Gary W. Dodd. (trvo, ) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2254, filed by Gary W. Dodd. (Attachments: #1 Envelope)(trvo, ) |
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