Gibson v. Campbell et al

Filing 385

ORDER to Show Cause. ORDERED that the Final Trial Preparation Conference is RESET to Tuesday, June 18, 2013, at 11:00 a.m. The Colorado Department of Corrections shall ensure that Plaintiff is made available for this hearing by teleconference. The C lerk of Court shall mail a copy ofthis Order to Plaintiff both at his address of record as well as the following address: Wellman E. Gibson, Inmate No. 74384 Centennial Correctional FacilityP.O. Box 600 Canon City, CO 81215 by Judge Wiley Y. Daniel on 06/12/13. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
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.

ORDER TO SHOW CAUSE

THIS MATTER is before the Court on a review of the file in this case. First, in
light of Plaintiff’s unavailability at the Final Trial Preparation Conference on Wednesday,
June 12, 2013, at 10:00 a.m., the Final Trial Preparation Conference is reset to
Tuesday, June 18, 2013, at 11:00 a.m. The Colorado Department of Corrections shall
ensure that Plaintiff is made available for this hearing by teleconference.
Second, a number of motions have recently been filed. These include Plaintiff’s
“Request for Copies Court Order” filed May 24, 2013, (2) Plaintiff’s “Request for
Judgment” filed May 24, 2013, (3) Defendants’ Motion to Dismiss All Remaining Claims
on Mootness Grounds filed June 5, 2013, and (4) Plaintiff’s “Notice to the Court of
Request for Medical File” filed June 11, 2013. Defendants are seeking dismissal of the

case on the grounds that Plaintiff has received the relief he requested and the case is
moot. Plaintiff is seeking that judgment be entered in his favor, as well as assistance
with obtaining copies of cases from the law library where he is incarcerated and medical
files. I note that no responses have been filed to any of the motions. In light of the
foregoing, I am concerned that this case may not be ready for trial commencing on
Monday, June 24, 2013. Accordingly, it is
ORDERED that the Final Trial Preparation Conference is RESET to Tuesday,
June 18, 2013, at 11:00 a.m. The Colorado Department of Corrections shall ensure
that Plaintiff is made available for this hearing by teleconference. It is
FURTHER ORDERED that the parties shall be prepared to SHOW CAUSE at the
Final Trial Preparation Conference as to whether they believe the case should proceed
to trial on June 24, 2013, or whether it should be continued. Finally, it is
ORDERED that in light of the fact the Court was informed that Plaintiff was
moved to a different facility due to the forest fires, the Clerk of Court shall mail a copy of
this Order to Plaintiff both at his address of record as well as the following address:
Wellman E. Gibson, Inmate No. 74384
Centennial Correctional Facility
P.O. Box 600
Canon City, CO 81215
Dated: June 12, 2013
BY THE COURT:
s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge

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