Burnham v. Winden et al
| Arthur Burnham |
| Winden, State of Colorado and Attorney General of the State of Colorado, The |
| 1:2022cv02372 |
| September 14, 2022 |
| US District Court for the District of Colorado |
| Gordon P Gallagher |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 16 Acknowledgment RECEIPT by Respondent The Attorney General of the State of Colorado re: #9 Certificate of Service. (athom, ) |
Filing 15
MINUTE ORDER by Magistrate Judge Gordon P. Gallagher on 11/02/2022. Petitioner's request for leave to amend the 2254 application (ECF No. #11 ) is granted in the interests of justice. Fed. R. Civ. P. 15(a). The Amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 (ECF No. #12 ) is the operative pleading in this action. Respondents' motion for a 28-day extension of time to file a pre-answer response (ECF No. #14 ) is granted. Respondents must file a pre-answer response to the Amended Application (ECF No. #12 ) on or before December 6, 2022. Any reply to Respondents' pre-answer response must be filed by Petitioner on or before December 27, 2022. (athom, )
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| Filing 14 MOTION for Extension of Time to File Answer or Otherwise Respond re #8 Order,, File Pre-Answer Response by Respondents State of Colorado, The Attorney General of the State of Colorado, Winden. (Withers, Patrick) |
| Filing 13 NOTICE of Entry of Appearance by Patrick Aloysius Withers on behalf of State of Colorado, The Attorney General of the State of Colorado, WindenAttorney Patrick Aloysius Withers added to party State of Colorado(pty:res), Attorney Patrick Aloysius Withers added to party The Attorney General of the State of Colorado(pty:res), Attorney Patrick Aloysius Withers added to party Winden(pty:res) (Withers, Patrick) |
| Filing 12 AMENDED APPLICATION for Writ of Habeas Corpus 28 U.S.C. 2254, filed by Arthur Burnham.(sdunb, ) Modified on 10/31/2022 to correct pdf (sdunb, ). |
| Filing 11 MOTION to Amend Application for a Writ of Habeas Corpus Under 2254 by Petitioner Arthur Burnham. (Attachments: #1 Envelope)(sdunb, ) |
| Filing 10 ACCEPTANCE OF SERVICE of #6 Amended Application for Writ of Habeas Corpus and #8 Order to File Pre-Answer Response on behalf of Respondent Winden on 10/19/2022. (sdunb, ) |
| Filing 9 CERTIFICATE of Service by Clerk of Court re #6 Amended Application for Writ of Habeas Corpus, #7 Order on Motion for Leave to Proceed in Forma Pauperis, and #8 Order to File Pre-Answer Response. (sdunb, ) |
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Filing 8
ORDER TO FILE PRE-ANSWER RESPONSE. It is ORDERED that within twenty-one (21) days from the date of this order Respondents shall file a pre-answer response that complies with this order. It is FURTHER ORDERED that within twenty-one (21) days of the filing of the pre-answer response Petitioner may file a reply. It is FURTHER ORDERED that if Respondents do not intend to raise the affirmative defenses of timeliness or exhaustion of state-court remedies, Respondents must notify the Court of that decision in the pre-answer response. By Magistrate Judge Gordon P. Gallagher on 10/18/2022. (sdunb, )
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Filing 7
ORDER GRANTING LEAVE TO PROCEED UNDER 28 U.S.C. 1915. It is ORDERED that the #5 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 in a Habeas Corpus Action is granted. It is FURTHER ORDERED that process shall not issue at this time. It is FURTHER ORDERED that the #3 Application for In Forma Pauperis Status is denied as improperly filed. By Magistrate Judge Gordon P. Gallagher on 10/18/2022.(sdunb, )
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| Filing 6 AMENDED APPLICATION for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254, filed by Arthur Burnham. (sdunb, ) |
| Filing 5 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 by Petitioner Arthur Burnham. (sdunb, ) |
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Filing 4
ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES, within 30 days from the date of this Order. Any papers that Petitioner files in response to this Order must include the civil action number on this Order. It is FURTHER ORDERED that Petitioner shall obtain and utilize the current court approved Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 form and either obtain and utilize the current court-approved Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 in a Habeas Corpus Action form or, in the alternative, pay the $5.00 filing fee. Petitioner may obtain copies of the court approved forms (with the assistance of his case manager or the facility's legal assistant), along with the applicable instructions, at www.cod.uscourts.gov. It is FURTHER ORDERED that if Petitioner fails to cure the designated deficiencies as directed within the time allowed, the action will be dismissed without further notice. By Magistrate Judge Gordon P. Gallagher on 9/14/2022. (sdunb, )
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| Filing 3 APPLICATION for In Forma Pauperis Status by Petitioner Arthur Burnham. (jtorr, ) |
| Filing 2 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (jtorr, ) |
| Filing 1 APPLICATION for a Writ of Habeas Corpus Pursuant to 28 USC 2254, filed by Arthur Burnham. (Attachments: #1 Declaration, #2 Exhibits)(jtorr, ) |
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