Huffman v. Bureau of Prisons et al

Filing 203

MINUTE ORDER denying without prejudice 193 Motion to Dismiss; granting 201 Motion for Extension of Time.The Court imposes a sixty-day temporary STAY OF PROCEEDINGS, which will expire on 5/2/2012. Plaintiff must file a Status Report by 5/2/2012. The Scheduling Conference set for 4/17/2012 is VACATED. By Magistrate Judge Kristen L. Mix on 3/2/2012.(jjpsl, ) Modified on 3/2/2012 to correct text (jjpsl, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-01459-CMA-KLM LORAL HUFFMAN, Plaintiff, v. DR. ALLRED, DR. CARTER, SANCHEZ, Case Manager, DERR, Unit Manager, JOHN DOE, Mailroom Supervisor, JANE DOE, Food Supervisor, BUCKNER, Investigator, LINCOLN, D.H.O., and CRANK, Trust Manager, Defendants. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff’s “Extension of Time - Name Change” [Docket No. 201; Filed February 29, 2012], filed by the Clerk’s Office as a Motion. Plaintiff informs the Court that he has been relocated to the United States Penitentiary in Coleman, Florida, and he has not received any mail related to this lawsuit. Plaintiff further advises the Court that he believes he will have counsel within sixty days, courtesy of the Colorado Prison Project. Plaintiff thus requests a 60-day extension “on court issues.” The Court construes Plaintiff’s request as a request for a temporary stay of proceedings. In consideration of Plaintiff’s pro se status and recent relocation, IT IS HEREBY ORDERED that the Motion is GRANTED to the extent that the Court imposes a sixty-day temporary STAY OF PROCEEDINGS, which will expire on May 2, 2012. IT IS FURTHER ORDERED that Plaintiff must file a status report on or before May 2, 2012, indicating whether he intends to prosecute this lawsuit. If Plaintiff fails to comply with this instruction, the Court will not issue an Order to Show Cause, but will promptly recommend that this matter be dismissed due to Plaintiff’s failure to prosecute. 1 IT IS FURTHER ORDERED the obligations stated in the Order to Show Cause issued February 22, 2012 [#200] are DISCHARGED. IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) [Docket No. 193; Filed January 26, 2012] is DENIED WITHOUT PREJUDICE, and Defendants may re-file their motion when and if the Court lifts the temporary stay. IT IS FURTHER ORDERED that the Scheduling Conference set for April 17, 2012 is VACATED. Dated: March 2, 2012 2

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