Marshall v. Milyard et al

Filing 112

ORDER. Defendants shall file an opening brief regarding plaintiff's retaliation claim in light of the 110 Tenth Circuit' s decision on or before 5/9/2011. Plaintiff shall file a response brief on or before 5/30/2011. Defendants shall file a reply brief on or before 6/27/2011. By Judge Philip A. Brimmer on 4/1/11. (mnf, )

-BNB Marshall v. Milyard et al

Doc. 112

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 08-cv-00299-PAB-BNB ERIC MARSHALL, Plaintiff, v. KEVIN MILYARD, Warden, FLOYD WAID, West CC Manager, M. NEGLEY, Captain/Shift Commander, STEVEN BADE, Lt., JAMES FRYER, Correctional Officer, and ANTHONY DECESARO, Grievance Officer, Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ This matter comes before the Court on remand from the United States Court of Appeals for the Tenth Circuit [Docket No. 110]. The appellate court reversed the Court's dismissal of plaintiff's retaliation claim and remanded for further consideration of that claim. Therefore, further proceedings are necessary to resolve this claim. Accordingly, it is ORDERED that defendants shall file an opening brief regarding plaintiff's retaliation claim in light of the Tenth Circuit's decision on or before May 9, 2011. This brief shall not exceed fifteen pages. It is further

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ORDERED that plaintiff shall file a response brief on or before May 30, 2011. This response shall not exceed fifteen pages. It is further ORDERED that defendants shall file a reply brief on or before June 27, 2011. This reply shall not exceed ten pages.

DATED April 1, 2011. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

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