Pickford v. Arapahoe County Sheriff's Department et al

Filing 90

ORDER : striking 85 Motion for Order To Have the Clerk of the Court Have the United States Marshal, by Magistrate Judge Boyd N. Boland on 9/2/11.(bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 10-cv-03029-MSK-BNB
LEON C. PICKFORD,
Plaintiff,
v.
SHERIFF GRAYSON ROBINSON,
DEPUTY NORRIS, # 02071, and
DEPUTY HERNANDEZ, #03079,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises a motion (the “Motion”) filed by the plaintiff titled To Have the Clerk
of the Court Have the United States Marshal [Doc. #85, filed 08/12/2011]. The Motion is
STRICKEN.
The plaintiff seeks to have a subpoena served on the Colorado Department of
Corrections. He does not certify that the Motion was served on counsel for the defendants.
On February 16, 2011, I ordered the plaintiff to serve all papers filed in this court on
counsel for the defendants in compliance with Rule 5, Fed.R.Civ.P. [Doc. #32]. Specifically, I
stated:
Once the defendants have entered an appearance, copies of papers
filed in this court must be served on counsel for all other parties
(or directly on any party acting pro se) in compliance with Fed. R.
Civ. P. 5. Rule 5 provides that all pleadings filed after the original
complaint and all written motions, notices, demands, or any similar
paper must be served on every party. Fed. R. Civ. P. 5(a). “If a
party is represented by an attorney, service under this rule must be
made on the attorney . . . .” Fed. R. Civ. P. 5(b). Service upon

other parties may be by mail. Id. Proof that service has been made
is provided by a certificate of service. Id. at 5(d). This certificate
should be filed along with the original papers and should show the
day and manner of service. Id.
In addition, I warned the plaintiff that failure to comply with my order could result in
sanctions, including dismissal of the Complaint. My order notwithstanding, the plaintiff does
not certify that he served the instant Motion on counsel for the defendants. Accordingly,
IT IS ORDERED:
1. The Motion is STRICKEN;
2. All future papers filed in this court shall be served on counsel for the defendants in
accordance with Rule 5 and shall be accompanied by a proper Certificate of Service; and
3. Failure to comply with this order will result in my recommendation that this case be
dismissed with prejudice.
Dated September 2, 2011.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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