Gibson v. Zavaras et al

Filing 162

MINUTE ORDER denying 160 Motion for Intervention by the Court by Magistrate Judge Kristen L. Mix on 06/14/11.(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.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Intervention by the Court
[Docket No. 160; Filed June 13, 2011] (the “Motion”). Plaintiff seeks unspecified
“intervention” by the Court to remedy alleged denial of access to his “legal work” and denial
of a “medical trip.” As an initial matter, the Court notes that all proceedings in this case are
stayed until August 1, 2011. Order Staying Case [Docket No. 157]. Plaintiff therefore has
no immediate need to access his legal records or conduct legal research. Accordingly,
Plaintiff’s request that the Court intervene to provide him with access to legal materials is
inappropriate at this juncture.
The Court also finds that Plaintiff’s request that the Court take some action to
remedy the alleged denial of a medical trip is inappropriate. This case concerns Plaintiff’s
allegations of discriminatory treatment with respect to his diet, his ability to wear a head
covering of his choice, and his ability to conduct religious ceremonies in a separate area
while incarcerated. Amended Complaint [Docket No. 29]. The case does not concern
Plaintiff’s access to medical care. Accordingly, if Plaintiff now wishes to complain about his
access to medical care, he must pursue this complaint with the Colorado Department of
Corrections (“CDOC”). Plaintiff may file a new lawsuit on the basis of his alleged denial of
medical care only once he has fully exhausted his administrative remedies with CDOC.
IT IS HEREBY ORDERED that the Motion [#160] is DENIED.
Dated: June 14, 2011