Edwards v. Zavaras et al

Filing 43

ORDER. re: 40 MOTION to Reopen Case filed by Eugene Edwards. Defendant shall file any response to Plaintiffs objection on or before 1/5/2012and Plaintiff shall have up to and including 1/19/2012 to file a reply. By Judge Lewis T. Babcock on 12/14/2011. (sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 11-cv-00918-LTB-MEH EUGENE EDWARDS, Plaintiff, v. ARISTEDES W. ZAVARAS, as Executive Direction of DOC, in his individual and official capacities, Defendant. ________________________________________________________________________ ORDER ________________________________________________________________________ Plaintiff has filed a Motion for Relief of Judgment (Doc 40). The Defendant has filed a response conceding that Plaintiff’s objection to the recommendation of the Magistrate Judge (Doc 38) was timely pursuant to the prison mailbox rule. Accordingly, it is ORDERED that Plaintiff’s Motion for Relief of Judgment (Doc 40) is GRANTED and this Court’s Order striking Plaintiff’s objection (Doc 39) is VACATED. IT IS FURTHER ORDERED that Defendant shall file any response to Plaintiff’s objection on or before January 5, 2012 and Plaintiff shall have up to and including January 19, 2012 to file a reply. BY THE COURT: s/Lewis T. Babcock Lewis T. Babcock, Judge DATED: December 14, 2011

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