Brown v. Bureau of Prisons et al

Filing 61

ORDER FOR SUPPLEMENTAL BRIEFING re: 49 Defendants' Motion to Dismiss. On or before 2/1/2012, Plaintiff and Defendants shall each file a supplemental brief, no longer than five pages, addressing only the issues identified in this order. By Magistrate Judge Michael E. Hegarty on 1/18/2012. (mehcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-00200-PAB-MEH JOE BROWN, Plaintiff, v. JACK CANTRELL, Director of UNICOR, and HARLEY LAPPIN, Director of the Bureau of Prisons, Defendants. _____________________________________________________________________________ ORDER FOR SUPPLEMENTAL BRIEFING _____________________________________________________________________________ Michael E. Hegarty, United States Magistrate Judge. Before the Court is Defendants’ Motion to Dismiss [docket #49], Plaintiff’s response to the motion and a reply brief from the Defendants. The Court notes that neither party addresses the Tenth Circuit’s opinion in Williams v. Meese, 926 F.2d 994 (10th Cir. 1991) and its progeny. Because the opinion appears to be relevant to and, perhaps, binding on the issues raised in this matter, the Court will order the parties to supplement their briefing by addressing Williams’ holding and its application, if any, to Plaintiff’s claims. Therefore, IT IS ORDERED that on or before February 1, 2012, the Plaintiff and Defendants shall each file a supplemental brief, no longer than five pages, addressing only the issues identified in this order. Dated this 18th day of January, 2012, in Denver, Colorado. BY THE COURT: Michael E. Hegarty United States Magistrate Judge 2

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