Free Order on Motion for Order - District Court of Colorado - Colorado

Case 1:01-cv-00012-WYD

Document 33

Filed 12/01/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Civil Action No. 01-cv-00012-WYD RAMON ORTIZ-SALGADO, Applicant, v. GARY WATKINS, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents.

ORDER DIRECTING RETURN OF STATE COURT RECORD

Applicant Ramon Ortiz-Salgado is a prisoner in the custody of the Colorado Department of Corrections who currently is incarcerated at the Limon, Colorado, correctional facility. On January 8, 2002, I denied the instant habeas corpus application, and dismissed the action with prejudice. Judgment was entered on the same day. Mr. Ortiz-Salgado appealed. On June 25, 2002, the United States Court of Appeals for the Tenth Circuit denied a certificate of appealability, denied leave to proceed in forma pauperis on appeal, and dismissed the appeal. On November 13, 2006, Mr. Ortiz-Salgado submitted pro se and the Court filed a letter asking me to determine if the state court record pertinent to the instant action still is in the possession of this court and, if so, to return the record to the Denver District Court.

Case 1:01-cv-00012-WYD

Document 33

Filed 12/01/2006

Page 2 of 2

A review of the docket report in this action reveals that the state court record (docket number 18) filed with this court on June 25, 2001, has not been returned to the Denver District Court. Because this action was dismissed on appeal, I no longer require the state court record. Accordingly, it is ORDERED that the clerk of the court return the state court record (docket number 18) filed with this court on June 25, 2001, to the Denver District Court. DATED at Denver, Colorado, this 1st day of December, 2006. BY THE COURT:

s/ Wiley Y. Daniel WILEY Y. DANIEL United States District Judge

2