York v. Federal Bureau of Prisons

Filing 167

Minute ORDER striking 163 Motion for Disclosure of Exculpatory Evidence and Notice to Federal Bureau of Prisons of Specific Exculpatory Evidence Requested by Magistrate Judge Kristen L. Mix on 02/05/09.(jjh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-01297-PAB-KLM MALACHI Z. YORK, a/k/a Dwight York, Plaintiff, v. FEDERAL BUREAU OF PRISONS, MAUREEN CRUZ, former Associate Warden, JACK FOX, Associate Warden, BRIAN A. BLEDSOE, Warden, L. MCDERMOTT, Health Services Specialist, S. SMITH, SIS Technician, S. NAFZIGER, MD, Clinical Director, C.W. WELCH, Physician Assistant, MICHAEL NALLEY, Regional Director, D. SHIEFELBEIN, Physician's Assistant, J.T. SHARTLE, former Associate Warden, RON WILEY, Warden, HERMAN O. LYLE, MD, Consultant Internist, IVAN NEGRON, MD, Medical Director, RATAEL ROMAN, MD, Clinical Director, RAIEZ, Helath Physician Assistant, G. HICKS, Physician Assistant, J.F. CASTILLO, Physician Assistant, RICK STALLKAMP, Pharmacist, LAWRENCE LEYBA, DO, Clinical Director, M. MILLER, Physician Assistant, A. VINYARD, Physician Assistant, Y. FETTERHOFF, Imaging Techniques Specialist, M. SWANN, Practitioner Assistant, each in his/her individual and official capacity, Defendants. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff's Motion for Disclosure of Exculpatory Evidence and Notice to Federal Bureau of Prisons of Specific Exculpatory Evidence Requested [Docket No. 163; Filed February 3, 2009] (the "Motion"). The Motion, which appears to seek discovery of information to assist Plaintiff in challenging his underlying criminal conviction, is unrelated to the claims at issue in Plaintiff's civil case. Therefore, the Motion is immaterial and frivolous. Accordingly, IT IS HEREBY ORDERED that the Motion is STRICKEN pursuant to my Order of January 21, 2009 [Docket No. 150] . Dated: February 5, 2009 2

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