Gibson v. Campbell et al

Filing 202

MINUTE ORDER denying 200 Request for Court Order by Magistrate Judge Kristen L. Mix on 05/02/11.(jjh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 09-cv-00983-WYD-KLM
WELLMAN E. GIBSON,
Plaintiff,
v.
ANNA MARIE CAMPBELL,
C. HOLST, AIC,
SHIRLEY STEINBECK,
MARSHALL GRIFFITH,
LT. STEINBECK, and
DOCTOR ASSEN,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Request for Court Order [Docket Nos.
200; Filed April 29, 2011]. This case is stayed and the parties have been directed not to
file pleadings except under very narrow conditions. See Order [#195] at 2. The present
Motion, which requests that the Court order nonparty Colorado Department of Corrections
officials to “hold [a religious medallion and chain] confiscated from plaintiff and not destroy
it” while the lawsuit is pending, does not fall within such conditions. Motion [#200] at 2-3.
In addition, the Court notes that it has no authority to order a nonparty to act in this
circumstance. Finally, to the extent that Plaintiff raises a retaliation claim based on events
that occurred in April 2011, this conduct is not the subject of the present lawsuit. Plaintiff
must exhaust his administrative remedies prior to filing any such claim in court.
Accordingly,
IT IS HEREBY ORDERED that the Motion is DENIED.

Dated: May 2, 2011