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To
sia, Vance Everett
@roeKit Carson Correctional Center
St BO Box 2000
.Burlinaton_CO 80807 __.



IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO UNITED L

DENVER, COLORSOS OO
Civil Action No. 11-cv-02262-BNB

SEP 20 201
WAYNE SATAR,

GREGORY C. LANGHAM
Applicant, . CLERK

v.

VANCE EVERETT, Warden Kit Carson Facility, and
JOHN WILLIAM SUTHERS, The Attorney General of the State of Colorado,

Respondents.

ORDER TO FILE PRE-ANSWER RESPONSE

As part of the preliminary consideration of the Amended Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2254 filed on November 17, 2010, in this action
and pursuant to Denson v. Abbott, 554 F. Supp. 2d 1206 (D. Colo. 2008), the Court has
determined that a limited Pre-Answer Response is appropriate. Respondents are directed
pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District
Courts to file a Pre-Answer Response limited to addressing the affirmative defenses of
timeliness under 28 U.S.C. § 2244(d) and/or exhaustion of state court remedies under 28
U.S.C. § 2254(b)(1)(A). If Respondents do not intend to raise either of these affirmative
defenses, they must notify the Court of that decision in the Pre-Answer Response.
Respondents may not file a dispositive motion as their Pre-Answer Response, or an
Answer, or otherwise address the merits of the claims in response to this Order.

In support of the Pre-Answer Response, Respondents should attach as exhibits all

relevant portions of the state court record, including but not limited to copies of all


documents demonstrating whether this action is filed in a timely manner and/or whether
Applicant has exhausted state court remedies.

Applicant may reply to the Pre-Answer Response and provide any information that
might be relevant to the one-year limitation period under 28 U.S.C. § 2244(d) and/or the
exhaustion of state court remedies. Applicant also should include information relevant to
equitable tolling, specifically as to whether he has pursued his claims diligently and whether
some extraordinary circumstance prevented him from filing a timely 28 U.S.C. § 2254
action in this Court. Accordingly, 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 Applicant may file a Reply, if he desires. It is

FURTHER ORDERED that if Respondents do not intend to raise either of the
affirmative defenses of timeliness or exhaustion of state court remedies, they must notify
the Court of that decision in the Pre-Answer Response.

DATED September 20, 2011, at Denver, Colorado.

BY THE COURT:

s/ Boyd N. Boland
United States Magistrate Judge



IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

CERTIFICATE OF MAILING
Civil Action No. 11-cv-02262-BNB

Wayne Satar

Prisoner No. 111818

Kit Carson Correctional Center
PO Box 2000

Burlington, CO 80807

Vance Everett - CERTIFIED
Kit Carson Correctional Center
PO Box 2000

Burlington, CO 80807

John Suthers, Attorney General
Office of the Attorney General
DELIVERED ELECTRONICALLY

James Quinn, Asst. Attorney General
Office of the Attorney General
DELIVERED ELECTRONICALLY
COURTESY COPY

| hereby certify that | have mailed a copy of the ORDER to the above-named
individuals, and the following forms to Vance Everett: APPLICATION FOR WRIT OF
HABEAS CORPUS FILED 8/29/11 on September 20, 2011.

GREGORY C. LANGHAM, CLERK

By:

* Deputy Clerk