Arocho v. Lappin et al

Filing 144

ORDER denying 137 Defendants Motion to Temporarily Stay of Proceedings Pending the Courts Ruling on the Magistrate Judges Recommendation(Doc. 131) to Dismiss; granting 133 Defendants Unopposed Motion to FileMedical Records Under Seal. Signed by Magistrate Judge Kristen L. Mix on 1/26/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-02603-REB-KLM NORBERTO PEREZ AROCHO, Plaintiff, v. S. NAFZINGER, Clinical Director, RON WILEY, Warden of U.S.P. Penitentiary - ADX, and HARLEY LAPPIN, Federal Bureau of Prison - Director, Defendant. _____________________________________________________________________ ORDER DENYING STAY AND SEALING EXHIBIT _____________________________________________________________________ ORDER ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Defendants' Motion to Temporarily Stay of Proceedings Pending the Court's Ruling on the Magistrate Judge's Recommendation (Doc. 131) to Dismiss [Docket No. 137; Filed January 16, 2008] ("Motion to Stay"). This is Defendants's second request for a stay of the case pending resolution of the Motion to Dismiss [Docket No. 65]. Defendants inform the Court that Plaintiff, pro se, opposes the Motion to Stay. However, in pleadings filed by Plaintiff involving an unrelated and

unreferred motion, Plaintiff states his intention not to take further discovery and requests that the Court enter judgment in his favor on the present pleadings [Docket No 129]. IT IS HEREBY ORDERED that the Motion to Stay [#137] is DENIED for the reasons set forth in my Order of December 1, 2008 [Docket No. 113] denying a stay of the case while the Motion to Dismiss is pending. While I have since issued a Recommendation that the Motion to Dismiss be granted [Docket No. 131], my Recommendation is not binding on

the District Judge assigned to this matter. Therefore, the Motion to Dismiss remains pending and the status of the case is as it was on December 1, 2008. I note further that assuming Plaintiff has decided to forego further discovery, my ruling on the Motion to Stay should not prejudice Defendants. This matter is also before the Court on Defendants' Unopposed Motion to File Medical Records Under Seal [Docket No. 133; Filed January 16, 2009] ("Motion to Seal"). In accordance with D.C. Colo. L. Civ. R. 7.2(B), the Motion to Seal was posted to the public to allow for any objections to the sealing of the documents. There being no objections filed, IT IS HEREBY ORDERED that the Motion to Seal [#133] is GRANTED. IT IS FURTHER ORDERED that the Clerk of the Court shall maintain Plaintiff's medical records purporting to be attachments to the Declaration of Theresa Montoya [Docket Nos. 134-136] UNDER SEAL. Dated: January 26, 2009 BY THE COURT: s/ Kristen L. Mix United States Magistrate Judge Kristen L. Mix

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