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Case 1:13-cv-01867-BNB Document 13 Filed 08/23/13 USDC Colorado Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01867-BNB

OLOYEA D. WALLIN, a.k.a. DONALD OLOYEA WALLIN, a.k.a. OLOYEA WALLIN,

Applicant,

v.

MICHAEL MILLER, Warden of Crowley County Correctional Facility,

Respondent.

ORDER TO FILE PRELIMINARY RESPONSE

Applicant, Oloyea D. Wallin, is in the custody of the Colorado Department of

Corrections and currently is incarcerated at the Crowley County Correctional Facility in

Olney Springs, Colorado. Mr. Wallin, acting pro se, has filed an Application for a Writ of

Habeas Corpus Pursuant to 28 U.S.C. § 2241 challenging his parole hearing.

As part of the preliminary consideration of the Application in this case and

pursuant to Keck v. Hartley, 550 F. Supp. 2d 1272 (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

defenses of timeliness under 28 U.S.C. § 2244(d) and/or exhaustion of state court

remedies. If Respondent does not intend to raise either of these affirmative defenses,

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.

Case 1:13-cv-01867-BNB Document 13 Filed 08/23/13 USDC Colorado Page 2 of 2



In support of the Preliminary Response, Respondent 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 Preliminary 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. § 2241 action in this Court. Accordingly, it is

ORDERED that within twenty-one 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 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 either of the

affirmative defenses of timeliness or exhaustion of state court remedies, Respondent

must notify the Court of that decision in the Preliminary Response.

Dated: August 23, 2013

BY THE COURT:

s/Boyd N. Boland
United States Magistrate Judge

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