Nival v. Clements et al

Filing 57

MINUTE ORDER denying without prejudice 55 Plaintiff's Motion for Preliminary Injunction, by Magistrate Judge Michael E. Hegarty on 4/27/2012. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01695-DME-MEH
PEDRO NIVAL,
Plaintiff,
v.
DR. JERE SUTTON, CCCF HMO Provider,
JUDY BREZENDINE, CCCF Clinical Services Director,
LYNN THOMPSON, CCCF Nurse Practitioner,
JANE DOE #1 (SANDY), JANE DOE #2 (MARY), and JANE DOE #3 (CHRISTIE), NURSING
STAFF, all in their official and individual capacities,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on April 27, 2012.
Plaintiff’s Motion for Preliminary Injunction [filed April 24, 2012; docket #55] is denied
without prejudice for failure to comply with Fed. R. Civ. P. 5(a)(1)(D) and D.C. Colo. LCivR 5.1G.
Rule 5(a)(1)(D) requires that a written motion filed with the Court must be served on every party.
Local Rule 5.1G requires, in pertinent part, that “[e]ach paper, other than one filed ex parte, shall
be accompanied by a certificate of service indicating the date it was served, the name and address
of the person to whom it was sent, and the manner of service.” Plaintiff’s motion contains a
certificate of mailing indicating that the motion was mailed to the Clerk of the Court. Plaintiff is
obligated to provide service to all parties; simply mailing a document to the Court does not meet
this requirement.