Escobar v. Huertas et al

Filing 52

MINUTE ORDER denying 50 Plaintiff's Motion to Stay All Proceeding. By Magistrate Judge Kristen L. Mix on 12/5/11.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00169-CMA-KLM
JOSE MEDINA ESCOBAR,
Plaintiff,
v.
CAPTAIN H. HUERTAS,
LIEUTENANT TITEMAN,
SERGEANT FRETWELL,
SERGEANT WEST,
C/O P. ARCHULETA,
C/O SUTER,
C/O J. ENGLEHART, and
C/O D. JOHNSON,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s “Motion to Stay All Proceeding”
[Docket No. 50; Filed December 1, 2011] (the “Motion”).
IT IS HEREBY ORDERED that the Motion is DENIED. Plaintiff requests a stay of
all proceedings in this matter based on his recent treatment for shingles. The Court
previously imposed a temporary stay of all proceedings due to Plaintiff’s medical condition.
See Docket No. 35. Once Plaintiff was released from the correctional facility’s infirmary,
the Court lifted the stay. See Docket No. 36. Although Plaintiff may still be recovering from
his illness, he admits that facility medical personnel have released him to his living unit.
As “a stay of all discovery is generally disfavored in this District,” and Plaintiff is sufficiently
recovered to have been released from the infirmary, the Court will not permit a second stay
of proceedings at this time. Wason Ranch Corp. v. Hecla Mining Co., No. 07-cv-00267EWN-MEH, 2007 WL 1655362, at *1 (D. Colo. June 6, 2007).
Dated: December 5, 2011