Jordan v. Adams County Jail et al

Filing 40

ORDER : re: 39 The email is STRICKEN, by Magistrate Judge Boyd N. Boland on 9/12/11. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 10-cv-02176-REB-BNB
AARON I. JORDAN,
Plaintiff,
v.
ADAMS COUNTY, and
S. FULLER, program coordinator,
Defendants.
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter is before me on an email (the “email”) sent directly to my chambers by the
plaintiff on August 31, 2011 [Doc. #39]. The email is an improper ex parte communication. Ex
parte communications are prohibited by local rule of practice 77.2, D.C.COLO.LCivR, which
provides:
In the absence of previous authorization, no attorney or party to
any proceeding shall send letters, pleadings or other papers or
copies directly to a judicial officer. Unless otherwise instructed,
all matters to be called to a judicial officer’s attention shall be
submitted through the clerk, with copies served on all other parties
or their attorneys.
I am aware that the plaintiff is proceeding pro se, and I must liberally construe his
pleadings. Haines v. Kerner, 404 U.S. 519, 520-21 (1972). I cannot act as an advocate for a pro
se litigant, however, who must comply with the fundamental requirements of the Federal Rules
of Civil Procedure and the rules of this court. Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir.

1991). Accordingly,
IT IS ORDERED:
1. The email is STRICKEN;
2. The plaintiff shall not send communications directly to my chambers unless otherwise
instructed; and
3. Failure to comply with this order may result in the imposition of sanctions, including
dismissal of the case.
Dated September 12, 2011.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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