Preacher v. Wiley

Filing 139

MINUTE ORDER denying without prejudice 129 Motion for Order, construed as a Motion to Compel pursuant to Fed.R.Civ.P. 37, by Magistrate Judge Michael E. Hegarty on 7/10/2009. (mehcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00278-CMA-MEH LUKE PREACHER, MIKEAL GLENN STINE, GEORGE SCALF, DAMANI M. NANTAMBU, DAVID BAXTER, and ROBERT UTLEY, Plaintiffs, v. RON WILEY, Warden ADX-Florence, B. A. BLEDSOE, Warden USP Marion, J. FOX, Associate Warden ADX-Florence, MARK COLLINS, Unit Manager ADX-Florence, GEORGE KNOX, Conselor ADX-Florence, J. MANLEY, Lieutenant ADX-Florence, TINA SUDLOW, Case Manager ADX-Florence, CORR. OFFICER MANSPEAKER, ADX-Florence, CORRECTIONAL OFFICER BREAM, ADX-Florence, J. D. WALTERS, Lieutenant ADX-Florence, CORR. OFFICER BARBARA BATULIS, ADX-Florence, LIEUTENANT C. RIVERS, CAPTAIN KRIST, and JOHN DOE, Unknown Person, Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on July 10, 2009. Plaintiff Stine's Motion for Order [filed July 7, 2009; docket #129] is construed as a motion to compel pursuant to Fed. R. Civ. P. 37 alleging Defendants' failure to cooperate in discovery. In the motion, Plaintiff has failed to "include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action." Thus, the motion is denied without prejudice. In addition, the Court notes that Plaintiff Stine requests relief for "all Plaintiffs," and is warned again that future motions requesting relief on behalf of other Plaintiffs will be stricken.