Tivis v. Stock et al

Filing 90

MINUTE ORDER denying as moot 86 Plaintiff's Objection to the Court's Denial for Enlargement of Time and Having Motion Denied as Moot, after construing this document to be a Motion for Reconsideration. By Magistrate Judge Kathleen M. Tafoya on 9/5/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 11–cv–02050–PAB–KMT

MICHAEL KEITH TIVIS,
Plaintiff,
v.
MS. JOANN STOCK (PHYSICIAN ASSISTANT), in both her official and individual
capacities,
MR. KEVIN MILYARD (WARDEN), in both his official and individual capacities, and
MS BEVERLY DOWIS (MEDICAL ADMINISTRATOR), in both her official and individual
capacities,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
This matter is before the court on “Plaintiff’s Objection to the Court’s Denial for Enlargement of
Time and Having Motion Denied as Moot.” (Doc. No. 86, filed Aug. 16, 2012.) After
construing this document to be a motion for reconsideration, District Judge Philip A. Brimmer
referred the same to this court to the extent that it can be construed to request an extension of
time to comply with filing fee payment obligations. (See Order, Doc. No. 87, at 12.)
After Judge Brimmer’s Order was entered, Plaintiff filed his “Monthly Court Fee for Aug. 2012”
(Doc. No. 89), pursuant to which he made a payment toward his filing fee in the amount of $3.00
(Doc. No. 88). As such, it does not appear that Plaintiff’s incarceration at Denver Reception and
Diagnostics Center (DRDC) has or will interfere with his ability to comply with his filing fee
payment obligations. Therefore, Plaintiff’s Motion for Reconsideration (Doc. No. 86) is
DENIED as moot. To the extent that Plaintiff’s continued incarceration at DRDC does interfere
with his ability to comply with his filing fee obligations in the future, Plaintiff may file an
appropriate motion for extension of time at that juncture.
Dated: September 5, 2012