Villabona-Alvarado v. USA et al

Filing 37

MINUTE ORDER denying 35 Plaintiffs Motion for Order to Desist by Magistrate Judge Kristen L. Mix on 3/2/09.(erv, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-01417-CMA-KLM MARIO E. VILLABONA-ALVARADO, Plaintiff, v. JOHN HURLEY, G.L. HERSHBERGER, and WENDY J. ROAL, Defendant(s). _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff's Motion for Order to Desist [Docket No. 35; Filed February 26, 2009] (the "Motion"). IT IS HEREBY ORDERED that the Motion is DENIED. The Motion seeks an order compelling nonparties, over whom the Court does not have jurisdiction, to act. To the extent that Plaintiff contends that he is being denied access to the Courts and his attorney, the Court makes two observations. First, the Court notes that Plaintiff's scheduling conference has not yet occurred and case deadlines have not been set. Second, Plaintiff is proceeding pro se and his alleged inability to converse with his attorney does not appear to be relevant. Therefore, Plaintiff's ability to show that he is suffering an actual injury in relation to this case is sufficiently in doubt. Dated: March 2, 2009

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