Wingfield v. Clark et al

Filing 38

MINUTE ORDER denying without prejudice 36 Motion for Admission and Disclosureof Late Discovery Request. Dispositive Motions due by 5/13/2012. The Clerk of Court is directed to mail a copy of the pro se prisoner forms to Plaintiff at the address listed on the docket, by Magistrate Judge Kristen L. Mix on 3/26/12.(mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00630-REB-KLM
JOSHUA E. WINGFIELD,
Plaintiff,
v.
S.O.R.T. SGT. CLARK,
S.O.R.T. DEPUTY BRIESKE,
S.O.R.T. DEPUTY REID,
S.O.R.T. DEPUTY WOODS, and
FOUR UNKNOWN S.O.R.T. DEPUTIES under Sgt. Clarks [sic] command on 2-23-11 who
participated in the use force,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Admission and Disclosure
of Late Discovery Request [Docket No. 36; Filed March 22, 2012] (the “Motion”). In the
Motion, Plaintiff seeks to replace the “4 Unknown S.O.R.T. Deputies under Sgt. Clark’s
command on 2-23-11 who participated in the use [of] force” named as Defendants in his
Complaint [#1] with the actual names of the four deputies, which he asserts were disclosed
by Defendants in February 2012. Plaintiff does not include a proposed Amended
Complaint for the Court’s and Defendants’ review. If Plaintiff is seeking leave to file an
Amended Complaint, he must file a motion which complies with the federal and local rules,
namely, Fed. R. Civ. P. 15(a), 16(b), and 20(a), and which includes the proposed Amended
Complaint as a document separate from the Motion. Furthermore, Plaintiff must use the
form complaint prescribed by this Court. D.C.COLO.LCivR 8.2A. The Court will not permit
piecemeal adjudication of Plaintiff’s case, thus Plaintiff must include all claims he seeks to
bring and all persons he intends to name as Defendants in the proposed Amended
Complaint.1
IT IS HEREBY ORDERED that Plaintiff’s request to amend his Complaint to add the
actual names of the four deputies is DENIED without prejudice.
1

The Court previously advised Plaintiff of these requirements in a Minute Order [#35]
dated December 30, 2011.

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The Clerk of Court is directed to mail a copy of the pro se prisoner forms to Plaintiff
at the address listed on the docket.
Plaintiff further seeks to compel responses from Defendants of served
interrogatories and admissions as well as production of his own medical records.
IT IS FURTHER ORDERED that Defendants shall file a Response to the discovery
portion of Plaintiff’s Motion [#36] no later than April 12, 2012. Plaintiff may file a Reply
to Defendants’ Response no later than April 26, 2012.
IT IS FURTHER ORDERED, sua sponte, that the Dispositive Motions Deadline
currently set for April 13, 2012 is VACATED and RESET to May 13, 2012.

Dated: March 26, 2012

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