Fluker v. Federal Bureau of Prisons et al

Filing 60

Minute Entry - Courtroom Minutes for Status Conference held on 3/10/2009 before Magistrate Judge Craig B Shaffer. ORDERED: Defendant's oral motion to withdraw Defendant's Motion to Dismiss is granted and Defendant's Motion to Dismiss [ 48] is withdrawn without prejudice. Plaintiff's oral motion to withdraw Plaintiff's Motion for Leave to Amend Complaint, is granted and doc. 53 is withdrawn. Plaintiff has until March 27, 2009 to file a motion for leave to amend complaint. Plaintiff's Motion for Independent Medical Examination 56 , is denied without prejudice. (Reporter FTR - Linda Kahoe) (rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer Civil Action No.: 07-cv-02426-CMA-CBS Date: March 10, 2009 Parties: EDDIE DEAN FLUKER Plaintiff, v. FEDERAL BUREAU OF PRISONS Defendant. Mark S. Pestal FTR - Reporter Deck - Courtroom A402 Courtroom Deputy: Linda Kahoe Counsel: Pro se (by telephone)

COURTROOM MINUTES/MINUTE ORDER Telephonic Status Conference 2:04 p.m. Court in session. Court calls case. Appearances of counsel. Discussion and clarification between Court, counsel and Plaintiff regarding Defendant's Motion to Dismiss [48] and Plaintiff's Amended Complaint [28]. Plaintiff confirms he is not seeking monetary damages and Mr. Pestal agrees to withdraw Defendant's Motion to Dismiss. ORDERED: Defendant's oral motion to withdraw Defendant's Motion to Dismiss is granted and Defendant's Motion to Dismiss [48] is withdrawn without prejudice.

Discussion between Court and plaintiff regarding Plaintiff's Motion for Leave to Amend Complaint [53]. Plaintiff agrees to withdraw his motion [53] with permission for leave to refile. ORDERED: Plaintiff's oral motion to withdraw Plaintiff's Motion for Leave to Amend Complaint, is granted and doc. [53] is withdrawn. Plaintiff has until March 27, 2009 to file a motion for leave to amend complaint.

March 10, 2009 07-cv-02426-CMA-CBS Discussion between Court and plaintiff regarding Plaintiff's Motion for an Independent Medical Examination [56]. Plaintiff agrees with Court that the motion is not proper at this time. Plaintiff may refile his motion when an amended complaint is accepted by the Court and the case proceeds. ORDERED: Plaintiff's Motion for Independent Medical Examination [56], is denied without prejudice.

Court advises plaintiff and counsel of applicable case citations. 2:45 p.m. Court in recess.
Hearing concluded. Total time in court: 41 min.

To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303) 8256119 or toll free at 1-800-962-3345.

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