Preacher v. Wiley

Filing 26

MINUTE ORDER denying without prejudice 24 Motion for Order for Permissive Intervention and Motion to Attend Preliminary Scheduling/Status Conference by Telephone filed by proposed intervenors George Scalf, Damani Nantambu, David Baxter and Robert Utley by Magistrate Judge Michael E. Hegarty on 4/20/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00278-CMA-MEH LUKE PREACHER and MIKEAL GLENN STINE, 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, and JOHN DOE, Unknown Person, Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on April 20, 2009. Pending before the Court is a Motion for Permissive Intervention and Motion to Attend Preliminary Scheduling/Status Conference by Telephone filed by proposed intervenors George Scalf, Damani Nantambu, David Baxter and Robert Utley [filed April 27, 2009; docket #24]. The motion is construed as a request to intervene in the instant litigation,1 and is denied without prejudice for failure to comply with Fed. R. Civ. P. 24(c)'s requirement to file a motion "stat[ing] the grounds for intervention," which must "be accompanied by a pleading [here, a complaint] that sets out the claim or defense for which intervention is sought" (emphasis added).

Intervention is a procedure by which an outsider with an interest in a lawsuit may come in as a party though the outsider has not been named as a party by the existing litigants. 7C Wright, Miller & Kane, Federal Practice & Procedure § 1901 (3d ed. 2007).
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