Atwood (PS) v. Roybal et al
| Michael John Atwood |
| Joseph Roybal and Attorney General of the State of Colorado |
| 1:2026cv01212 |
| March 23, 2026 |
| U.S. District Court for the District of Colorado |
| Richard T Gurley |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 12 CERTIFICATE of Service by Clerk of Court re #9 Amended Application for Writ of Habeas Corpus, #11 Order to File Pre-Answer for Service of Process. (Attachments: #1 Certified Mail Receipt) (Additional attachment(s): #2 Certified Mail Receipt)(anewt, ) Modified on 5/20/2026 to correct PDF . |
Filing 11
ORDER TO FILE PRE-ANSWER RESPONSE. 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. Within twenty-one (21) days of the filing of the pre-answer response Petitioner may file a reply. 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. The Clerk of Court serve Respondents with a copy of this order and a copy of the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 (ECF No. #9 ). Petitioner's Motion to Proceed In Forma Pauperis Pursuant to 28 U.S.C. 1915 (ECF No. #3 ) is denied as moot. It is FURTHER ORDERED that Petitioners Motion for Appointment of Forensic Expert and State-Funded Expert Assistance (ECF No. #10 ) is denied without prejudice as premature because this action is in initial review. By Magistrate Judge Richard T. Gurley on 5/20/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record.(anewt,)
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| Filing 10 MOTION for Appointment of Forensic Expert and State-Funded Expert Assistance by Petitioner Michael John Atwood. (Attachments: #1 Envelope)(anewt,) |
| Filing 9 AMENDED APPLICATION for Writ of Habeas Corpus 28 U.S.C. 2254, filed by Michael John Atwood. (Attachments: #1 Affidavit, #2 Envelope)(anewt,) |
| Filing 8 Filing fee: $ 5, receipt number 117785 (anewt,) |
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Filing 7
MINUTE ORDER. Mr. Atwood is advised that the Court has not received any payment of the filing fee in this action. The Court will give Mr. Atwood an additional opportunity and an extension of time to May 20, 2026, to pay the $5.00 filing fee or submit an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form). Mr. Atwood is advised that Federal Rule of Civil Procedure 10(c) allows incorporation by reference to allegations made within the same pleading, as well as allegations made in other pleadings, but the reference must be specific. The Court will give Mr. Atwood an additional opportunity and an extension of time to May 20, 2026, to comply by filing a single, fully completed 2254 Application on the court-approved form as one document that contains all claims and allegations. Mr. Atwood is advised that dismissal is an appropriate disposition against a party who disregards court orders and fails to proceed as required by court rules. Mr. Atwood is advised that pursuant to 28 U.S.C. ' 2254(b)(1), an application for a writ of habeas corpus may not be granted unless the applicant has exhausted state remedies or that no adequate state remedies are available or effective to protect the applicant's rights. by Magistrate Judge Richard T. Gurley on 4/20/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (anewt, )
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| Filing 6 RESPONSE to Order Directing Petitioner to Cure Deficiencies by Petitioner Michael John Atwood. (anewt,) |
| Filing 5 AMENDED APPLICATION for Writ of Habeas Corpus 28 U.S.C. 2254, filed by Michael John Atwood. (Attachments: #1 Envelope)(anewt,) |
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Filing 4
ORDER Directing Petitioner to Cure Deficiencies. It is ORDERED that Petitioner cure the deficiencies designated above within thirty days from the date of this order if he wishes to pursue claims in this action. If Petitioner fails to cure the designated deficiencies within thirty days from the date of this order, the action will be dismissed without further notice, by Magistrate Judge Richard T. Gurley on 3/24/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (eluce, )
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| Filing 3 Motion to Proceed In Forma Pauperis Pursuant to 28 U.S.C. 1915 by Petitioner Michael John Atwood. (agarc, ) |
| Filing 2 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (agarc, ) |
| Filing 1 Petition for Writ of Habeas Corpus Pursuant to 28 USC 2254, filed by Michael John Atwood. (Attachments: #1 Master Exhibit Index, #2 Table of Contents and Table of Authorities, #3 Envelope)(agarc, ) |
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