Burnham v. Winden et al
| Arthur Burnham |
| Winden and Attorney General of the State of Colorado, The |
| 1:2023cv01025 |
| April 21, 2023 |
| US District Court for the District of Colorado |
| Lewis T Babcock |
| Kristen L Mix |
| Susan B Prose |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.
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| Filing 31 REASSIGNING MAGISTRATE JUDGE. Due to the retirement of Magistrate Judge Kristen L. Mix, and with the permission of Chief Judge Brimmer pursuant to D.C. Colo. L. Civ. R. 40.1(a), this action is reassigned to Magistrate Judge Susan B. Prose in the referral capacity. All future pleadings should be designated as 23-cv-01025-LTB-SBP. (Text only entry) (agarc, ) |
| Filing 30 LETTER from U.S. Court of Appeals advising they have docketed Petitioner Arthur Burnham's Petition for a Writ of Mandamus. (USCA Case 23-1237) (Attachments: #1 Petition for a Writ of Mandamus)(jtorr, ) |
| Filing 29 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. It is respectfully RECOMMENDED that the #1 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 be DENIED and the action DISMISSED WITHOUT PREJUDICE for failure to exhaust. By Magistrate Judge Kristen L. Mix on 7/20/2023. (jtorr, ) |
Filing 28
ORDER OF REFERENCE TO UNITED STATES MAGISTRATE JUDGE by Judge Lewis T. Babcock on 7/19/2023. Pursuant to 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1, United States Magistrate Judge Kristen L. Mix is designated to conduct proceedings in this civil action. All future pleadings should be designated as 23-cv-01025-LTB-KLM. (jtorr, )
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Filing 27
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 7/18/2023. Pursuant to D.C.COLO.LCivR 8.1, the Clerk of Court is directed to assign this matter to Senior Judge Lewis T. Babcock. The undersigned will remain as the assigned magistrate judge. (jtorr, )
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Filing 26
MINUTE ORDER. It has come to the Court's attention that ECF Nos. #19 and #20 were inadvertently filed in this action instead of being used to initiate a new action. Thus, the Clerk of the Court is directed to use ECF Nos. #19 and #20 as initiating documents to commence a new habeas corpus action under 28 U.S.C. 2241. By Magistrate Judge Kristen L. Mix on 7/12/2023. (jtorr, )
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| Filing 25 LETTER re: #19 Amended Application for Writ of Habeas Corpus by Petitioner Arthur Burnham. (jtorr, ) |
| Filing 24 REQUEST for an Evidentiary Hearing on Manifest Miscarriage of Justice by Petitioner Arthur Burnham. (Attachments: #1 Envelope)(jtorr, ) |
| Filing 23 REPLY to #16 Pre-Answer Response by Petitioner Arthur Burnham. (Attachments: #1 Envelope)(jtorr, ) |
| Filing 22 First Amended Petition by Petitioner Arthur Burnham (sdunb, ) |
| Filing 21 AMENDED APPLICATION for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254, filed by Arthur Burnham. (Attachments: #1 Envelope)(sdunb, ) |
| Filing 20 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 in a Habeas Corpus Action by Petitioner Arthur Burnham. (jtorr, ) |
| Filing 19 AMENDED APPLICATION for Writ a of Habeas Corpus Pursuant to 28 U.S.C. 2241, filed by Arthur Burnham.(jtorr, ) |
| Filing 18 REQUEST for Copies of Documents Without Cost by Petitioner Arthur Burnham. (jtorr, ) |
| Filing 17 MOTION to Be Released on Recognizance or Surety Pending Consideration of His Habeas Corpus Action, filed by Petitioner Arthur Burnham. (jtorr, ) |
| Filing 16 RESPONSE to #9 Order, Pre-Answer Response by Respondents Attorney General of the State of Colorado, The, Winden. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Withers, Patrick) |
| Filing 14 NOTICE of Entry of Appearance by Patrick Aloysius Withers on behalf of Attorney General of the State of Colorado, The, WindenAttorney Patrick Aloysius Withers added to party Attorney General of the State of Colorado, The(pty:res), Attorney Patrick Aloysius Withers added to party Winden(pty:res) (Withers, Patrick) |
| Filing 15 MOTION for the Appointment of Counsel by Petitioner Arthur Burnham. (jtorr, ) |
| Filing 13 ACKNOWLEDGMENT LETTER on behalf of Office of the Attorney General of the State of Colorado, re #1 Application for Writ of Habeas Corpus and #9 Order to File Pre-Answer Response. (jtorr, ) |
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Filing 12
ORDER. It is ORDERED that Petitioner's #8 "Notice to Stand," which is liberally construed as a motion brought under 28 U.S.C. 144 or 28 U.S.C. 455, is denied. By Magistrate Judge Kristen L. Mix on 5/24/2023. (jtorr, )
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| Filing 11 ACCEPTANCE OF SERVICE on behalf of Matthew Winden, re #1 Application for Writ of Habeas Corpus and #9 Order to File Pre-Answer Response. (jtorr, ) |
| Filing 10 CERTIFICATE of Service by Clerk of Court re #1 Application for Writ of Habeas Corpus and #9 Order to File Pre-Answer Response for service of process. (jtorr, ) |
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Filing 9
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 the April 25, 2023 Order to Show Cause (ECF No. #5 ) is DISCHARGED. By Magistrate Judge Kristen L. Mix on 5/23/2023. (jtorr, )
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| Filing 7 RESPONSE to #5 Order to Show Cause by Petitioner Arthur Burnham. (jtorr, ) |
| Filing 6 MOTION for Discovery Pursuant to Rule 6 Habeas Corpus Rules, filed by Petitioner Arthur Burnham. (Attachments: #1 Memorandum in Support, #2 Letter)(jtorr, ) |
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Filing 5
ORDER TO SHOW CAUSE. If Mr. Burnham fails to show cause by the deadline, this action will be dismissed without prejudice and without further notice. By Magistrate Judge Kristen L. Mix on 4/25/2023. (jtorr, )
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Filing 4
ORDER granting #3 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 in a Habeas Corpus Action, by Magistrate Judge Kristen L. Mix on 4/24/2023.(jtorr, )
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| Filing 3 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 In A Habeas Corpus Action by Petitioner Arthur Burnham. (tgall, ) |
| Filing 2 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (tgall, ) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2254, filed by Arthur Burnham. (Attachments: #1 Envelope)(tgall, ) |
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