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United States Attorney General
‘Sia Room 5111, Main Justice Bldg.
Zirsaa 10" ans Constitution, N.W.

Washington, D.C. 20530



IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

a . unten dealt D
Civil Action No. 11-cv-02313-BNB DENVER STRICT COURT
. HT,
LARRY L. WRIG SEP 15 2011
Applicant, GREGORY GC. LANGHAM
CLERK
Vv. -
FEDERAL BUREAU OF PRISONS,

Respondent.

ORDER TO FILE PRELIMINARY RESPONSE

As part of the preliminary consideration of the Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2241 filed on September 1, 2011, in this case and
pursuant to Redmon v. Wiley, 550 F. Supp. 2d 1275 (D. Colo. 2008), the Court has
determined that a limited Preliminary Response is appropriate. Respondent is directed
pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States
District Courts to file a Preliminary Response limited to addressing the affirmative
defense of exhaustion of administrative remedies. If Respondent does not intend to
raise this affirmative defense, Respondent must notify the Court of that decision in the
Preliminary Response. Respondent may not file a dispositive motion as a Preliminary
Response, or an Answer, or otherwise address the merits of the claims in response to
this Order.

{In support of the Preliminary Response, Respondent should attach as exhibits

copies of any administrative grievances Applicant has filed raising the issues asserted in


the Application, as well as any responses to those grievances. Applicant may reply to
the Preliminary Response and provide any information that might be relevant to his
efforts to exhaust administrative remedies. Accordingly, it is

ORDERED that within twenty-one (21) days from the date of this Order
Respondent shall file a Preliminary Response that complies with this Order. It is

FURTHER ORDERED that within twenty-one (21) days of the filing of the
Preliminary Response Applicant may file a Reply, if he desires. It is

FURTHER ORDERED that if Respondent does not intend to raise the affirmative
defense of exhaustion of administrative remedies, Respondent must notify the Court of
that decision in the Preliminary Response.

Dated: September 14, 2011

BY THE COURT:

s/Craig B. Shaffer
CRAIG B. SHAFFER
United States Magistrate Judge



IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

CERTIFICATE OF MAILING

Civil Action No. 11-cv-02313-BNB

Larry L Wright

Reg. No. 16574-045
FCI Florence

PO Box 6000
Florence, CO 81226

Federal Bureau of Prisons - CERTIFIED
c/o Thomas R Kane

320 First St NW

Washington, DC 20534

United States Attorney General - CERTIFIED
Room 5111, Main Justice Bldg.

10" and Constitution, N.W.

Washington, D.C. 20530

United States Attorney
District of Colorado
DELIVERED ELECTRONICALLY

| hereby certify that | have mailed a copy of the ORDER to the above-named
individuals, and the following forms to the Federal Bureau of Prisons, to The United States
Attorney General, and to the United States Attorney's Office: APPLICATION FOR A WRIT
OF HABEAS CORPUS 9/1/11 on September 15, 2011.

GREGORY C. LANGHAM, CLERK

By:

Deputy Clerk