Daniels v. Colorado, State of et al

Filing 65

Minute Entry for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 4/2/2009. Plaintiffs Motion for Extension of Time 62 filed 03/30/2009 is GRANTED. Plaintiff shall file his response to Defendants Motion to Dismiss no later than 04/26/2009. The Court takes Plaintiffs Motion for a Temporary Restraining Order and Preliminary Injunction 37 filed 01/26/2009 is taken under advisement. (Court Reporter FTR- Cathy Coomes.) (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO MAGISTRATE JUDGE MICHAEL E. HEGARTY Civil Action No. 08-cv-01586-LTB-MEH Courtroom Deputy: Cathy Coomes
DANNY O. DANIELS,

Date: April 2, 2009 FTR ­ Courtroom C203
Pro Se (by telephone)

Plaintiff, vs.
COLORADO DEPARTMENT OF CORRECTIONS, PHILLIP TEDESCI, in his individual capacity, PHILLIP TEDESCI, in his official capacity, ARISTEDES ZAVARAS, in his individual capacity, ARISTEDES ZAVARAS, in his official capacity, BURL MCCULLAR, in his individual capacity, BURL MCCULLAR, in his official capacity, JAMES MICHAUD, in his individual capacity, and JAMES MICHAUD, in his official capacity, Nicole S. Gellar

Defendants. COURTROOM MINUTES/MINUTE ORDER TELEPHONIC MOTION HEARING ­ Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. #37, filed 1/26/09) Court in session: 1:39 a.m.

Court calls case. Appearances of pro se Plaintiff and counsel. 1:41 p.m. 1:47 p.m. 1:53 p.m. 2:29 p.m. 2:32 p.m. Plaintiff makes opening statements. Ms. Gellar makes opening statements. Plaintiff, Danny O. Daniels, is sworn, testifies, and is questioned by the Court. Plaintiff is cross-examined by Ms. Gellar and further questioned by the Court. Plaintiff further testifies to the Court. Discussion regarding documents attached to the Motion and Plaintiff's Motion for Extension of Time (Doc. #62, filed 3/30/09) and Plaintiff's Motion for Service Out of Time (Doc. #64, filed 4/1/09).

ORDERED: Plaintiff's Motion for Extension of Time (Doc. #62, filed 3/30/09) is GRANTED. Plaintiff shall file his response to Defendants' Motion to Dismiss no later than April 26, 2009. Plaintiff's Motion for Service Out of Time has not been referred to this Court for ruling, so no order will be entered. 3:06 p.m. The plaintiff rests. Plaintiff is examined by Ms. Gellar. Discussion regarding Plaintiff filing a reply to Defendants' response to Plaintiff's Motion for Temporary Restraining Order.

ORDERED: Plaintiff shall file his reply to Defendants' response to the Motion for Temporary Restraining Order no later than April 16, 2009. 3:14 p.m. 3:21 p.m. Ms. Gellar presents closing argument. Plaintiff presents closing argument.

The Court takes Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. #37, filed 1/26/09) is taken under advisement. Court in recess: 3:25 p.m. (Hearing concluded) Total time in court: 2:46