Allen v. Reynolds et al

Filing 25

MINUTE ORDER Denying 19 plaintiff's Motion for 30 Day Extension; Granting 20 plaintiff's Motion to Have a Copy of Defendants Rule 12 Motion and Answer Re Sent to Me (Plaintiff). Clerk of Court shall send a copy of Docket Nos. 14 and 15, by Magistrate Judge Michael J. Watanabe on 3/17/2010.(mjwcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02605-CMA-MJW SHAWN D. ALLEN, Plaintiff, v. R. REYNOLDS, et al., Defendants. MINUTE ORDER Entered by Magistrate Judge Michael J. Watanabe It is hereby ORDERED that the pro se plaintiff's Motion for 30 Day Extension (Docket No. 19) is denied. Plaintiff indicates in that motion that he had the defendant's motion to dismiss. In fact, in a letter to the court filed on January 26, 2010 (Docket No. 17), plaintiff noted that he had received defendants' motion and answer. He did not, however, seek an extension of time to respond at that time. He also stated in another document filed that day (Docket No. 18) that "due to obstructive tactics by DOC officials . . . I may miss deadlines . . . ." Plaintiff once again, however, did not seek an extension of time. Plaintiff, who is an experienced litigator in this court, obviously had paper and postage to send those documents to the court, but instead of filing a response to the motion or a motion for an extension, he merely submitted a litany of complaints. The motion to dismiss (Docket No. 14) was filed on January 19, 2010. The time to respond has long since passed, and this court issued a report and recommendation (Docket No. 22) on the motion and sent it to docketing before plaintiff's motion for an extension (Docket No. 19) was filed. Plaintiff's extension request was untimely. It is further ORDERED that plaintiff's Motion to Have a Copy of Defendants Rule 12 Motion and Answer Re Sent to Me (Docket No. 20) is granted. The Clerk of Court shall thus send the plaintiff a copy of Docket Nos. 14 and 15. Date: March 17, 2010