Obando v. Zavaras et al

Filing 47

MINUTE ORDER denying as moot 45 Plaintiff's Motion to Permit Discovery Pursuant to Fed. R. Civ. P. 56(f) in Response to Defendants' Motion for Summary Judgment. By Magistrate Judge Kristen L. Mix on 3/30/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01372-CMA-KLM
ALEX OBANDO,
Plaintiff,
v.
ARISTEDES W. ZAVARAS, DOC Executive Director,
TOM CLEMENTS, DOC Executive Director,
SUSAN JONES, CSP Warden,
MICHELLE NYCZ, Classification Chairperson,
JAMES OLSON, Committee Chairperson,
DAN DENNIS, Committee Member, and
JOHN DOE, CSP Assistant Administrative Head,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion to Permit Discovery Pursuant
to Fed. R. Civ. P. 56(f) in Response to Defendants’ Motion for Summary Judgment
[Docket No. 45; Filed March 30, 2012] (the “Motion”). In the Motion, Plaintiff seeks
discovery with respect to Defendant’s Motion to Dismiss or Motion for Summary Judgment
[#36], which, in part, seeks summary judgment on Plaintiff’s claim based on failure to
exhaust administrative remedies. However, on March 16, 2012, the Court denied without
prejudice Defendant’s Motion to Dismiss or Motion for Summary Judgment. See Order
[#38] at 4. Thus, Plaintiff needs no longer file a Response to it. Accordingly,
IT IS HEREBY ORDERED that the Motion [#45] is DENIED as moot.

Dated: March 30, 2012