Schwartz v. Ploughe

Filing 21

ORDER denying 19 Mr. Schwartz Request for Release from Incarceration by Magistrate Judge Craig B. Shaffer on 8/14/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00326-CMA-CBS ROBERT SCHWARTZ, Petitioner, v. PAMELA PLOUGHE, Respondent. ORDER Magistrate Judge Craig B. Shaffer This civil action comes before the court on Mr. Schwartz' "Request for Release from Incarceration" (filed August 12, 2009) (doc. # 19) (docketed by the Clerk of the Court as "Motion for Order to be Released from Incarceration"). Pursuant to the Order of Reference dated April 23, 2009 (doc. # 12) and the memorandum dated August 13, 2009 (doc. # 20), this matter was referred to the Magistrate Judge. The court has reviewed Mr. Schwartz' request, the entire case file, and the applicable law and is sufficiently advised in the premises. Mr. Schwartz seeks immediate release from incarceration based on his assertion that "Respondent has defaulted and not responded" to the court's April 21, 2009 Order directing a response on or before May 4, 2009. In fact, Respondent filed her Response on May 1, 2009 and, after obtaining an extension of time, Mr. Schwatrz filed his reply to that Response on June 25, 2009. (See docs. # 13, # 14, # 17, and # 18). Accordingly, IT IS ORDERED that Mr. Schwartz' "Request for Release from Incarceration" (filed August 12, 2009) (doc. # 19) (docketed by the Clerk of the Court as "Motion for Order to be Released from Incarceration") is DENIED.

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Dated at Denver, Colorado this 14th day of August, 2009. BY THE COURT:

s/Craig B. Shaffer United States Magistrate Judge

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