Stine et al v. Lappin et al

Filing 335

MINUTE ORDER denying 330 Defendants Motion to Strike Letters from Non- Party Inmates ; granting 333 Motion for Extension of Time. The dispositive motions deadline shall be fifteen (15) days from the date of the District Judges order on the underlying Motion to Dismiss 258 . by Magistrate Judge Kristen L. Mix on 5/28/09.(erv, ) (Modified on 5/29/2009 corrected linkage)(erv, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-01839-WYD-KLM MIKEAL GLENN STINE Plaintiff, v. HARLEY LAPPIN, Director B.O.P., MICHAEL NALLEY, Regional Director B.O.P., and RON WILEY, Warden ADX Supermax, Defendants. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ORDER ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Defendants' Motion to Strike Letters from NonParty Inmates [Docket No. 330; Filed May 21, 2009] ("Motion to Strike") and Motion to Extend DIspositive Motion Deadline [Docket No. 333; Filed May 26, 2009] ("Motion to Extend"). IT IS HEREBY ORDERED that the Motion to Strike [#330] is DENIED. Defendants fail to set forth grounds for striking the referenced pleadings pursuant to Fed. R. Civ. P. 12(f). To the extent that Defendants contend the pleadings should be rejected on the basis of their credibility, the Court will take such arguments into account when resolving Plaintiff's Motion for Preliminary Injunction [Docket No. 304] and specifically, Plaintiff's contention that his mail is being withheld or destroyed. Further, to the extent that Defendants ask that the Court accept letters from inmates Oechsle and Williams for docketing, the Court notes that the letters, which are attached to the Motion to Strike, are now a part of the record in this case [Docket Nos. 330-3 & 330-4]. IT IS HEREBY ORDERED that the Motion to Extend [#333] is GRANTED. The dispositive motions deadline shall be fifteen (15) days from the date of the District Judge's order on the underlying Motion to Dismiss [Docket No. 258]. Dated: May 28, 2009