Gibson v. Zavaras et al

Filing 157

ORDER Staying Case. ORDERED that the Motion for Stay 146 is GRANTED. ORDERED that all proceedings in this case are STAYED until 08/01/11. ORDERED that the Motion for Typewriter 144 is DENIED without prejudice. ORDERED that the Motion for Summary Judgment 139 is DENIED without prejudice. ORDERED that the deadline for filing dispositive motions is extended to 10/1/11. ORDERED that the Motion for Extension 148 is DENIED as moot by Magistrate Judge Kristen L. Mix on 04/04/11.(jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02328-WYD-KLM WELLMAN GIBSON, Plaintiff, v. ARISTEDES W. ZAVARAS, et al., SGT. VERENA PACHECO, and WARDEN HARTLEY, Defendants. _____________________________________________________________________ ORDER STAYING CASE _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff's Motion Requesting Order to Allow Plaintiff the Use of a Typewriter [Docket No. 144; Filed February 18, 2011] (the "Motion for Typewriter"), Motion Requesting Stay of Proceedings [Docket No. 146; Filed March 4, 2011] (the "Motion for Stay"), and Motion Requesting Extension [Docket No. 148; Filed March 8, 2011] (the "Motion for Extension"). On March 25, 2011, the Court was notified that Plaintiff will be undergoing right carpal tunnel release surgery. See Gibson v.

Campbell, et al., No. 09-cv-00983-WYD-KLM, Docket No. 192 (D. Colo. filed March 25, 2011) (Defendants' Response to Plaintiff's Motion for Reconsideration). Plaintiff's recovery time is expected to be twelve weeks. Id. While Plaintiff is recovering from surgery on his dominant hand, it is reasonable to expect that he will have difficulty prosecuting his case. Plaintiff is incarcerated and proceeding pro se, and his recent pleadings, including the

-1-

instant Motions, have been handwritten. Due to Plaintiff's surgery, the Court has already stayed his other pending case, No. 09-cv-00983-WYD-KLM, until August 1, 2011. See Gibson v. Campbell, et al., No. 09-cv-00983-WYD-KLM, Docket No. 195 (D. Colo. March 30, 2011) (Order Staying Case) Accordingly, IT IS HEREBY ORDERED that the Motion for Stay [#146] is GRANTED. IT IS FURTHER ORDERED that all proceedings in this case are STAYED until August 1, 2011. IT IS FURTHER ORDERED that during the stay, neither party shall file pleadings with the Court, except under extraordinary circumstances or at the Court's direction. IT IS FURTHER ORDERED that any party may request a status conference upon conclusion of the stay. The Court finds it most efficient to resolve all other pending motions that have been referred before the stay of this case begins. Accordingly, IT IS FURTHER ORDERED that the Motion for Typewriter [#144] is DENIED without prejudice. If Plaintiff still believes he needs access to a typewriter after his surgery, he may file a new motion upon conclusion of the stay. IT IS FURTHER ORDERED that the Motion for Summary Judgment [Docket No. 139] filed by Defendant Pacheco is DENIED without prejudice. Defendant Pacheco may re-file a motion for summary judgment upon conclusion of the stay. IT IS FURTHER ORDERED that the deadline for filing dispositive motions is extended to October 1, 2011. No dispositive motions may be filed during the stay. Any dispositive motion that is filed during the stay will be stricken.

-2-

Because the Motion for Summary Judgment [#139] has been denied without prejudice, Plaintiff does not need an extension of time to respond to it. Accordingly, IT IS FURTHER ORDERED that the Motion for Extension [#148] is DENIED as moot.

Dated: April 4, 2011

BY THE COURT: s/ Kristen L. Mix Kristen L. Mix United States Magistrate Judge

-3-