Abiodun v. Holder

Filing 23

ORDER: Motion to Amend 13 is DENIED; Motion to Supplement 16 is DENIED AS MOOT; and Motion to Expedite 20 is DENIED. by Magistrate Judge Boyd N. Boland on 8/9/12.(bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 11-cv-02113-RBJ-BNB
BENAD ABIODUN,
Plaintiff,
v.
ERIC HOLDER, THE ATTORNEY GENERAL OF THE UNITED STATES,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following motions filed by the plaintiff:
1. Motion to Amend Proof of Service [Doc. #13, filed 12/05/2011] (the “Motion to
Amend”);
2. Motion to Supplement the Plaintiff’s Memorandum of Law in Opposition to
Defendants’s Motion to Dismiss [Doc. #16, filed 02/06/2012] (the “Motion to Supplement”);
and
3. Motion to Expedite Pursuant to 28 U.S.C. 1657 [Doc. #20, filed 05/17/2012]( the
“Motion to Expedite”).
In his Motion to Amend, the plaintiff seeks to amend his proof of service as to the
District Director of the Department of Homeland Security. The plaintiff is not required to effect
service of the Summons and Complaint on the District Director of the Department of Homeland
Security. Fed.R.Civ.P. 4(I). Accordingly, the Motion to Amend is DENIED.
In his Motion to Supplement, the plaintiff seeks to supplement his response to the

defendant’s Motion to Dismiss. I have recommended that the Motion to Dismiss be granted on
grounds other than those argued in the Motion to Supplement. The Motion to Supplement is
DENIED AS MOOT.
The Motion to Expedite requests that the court “expedite this case on its docket pursuant
to 28 U.S.C. § 1657.” The Motion to Expedite is DENIED.
IT IS ORDERED:
1. Motion to Amend [Doc. #13] is DENIED;
2. The Motion to Supplement [Doc. #16] is DENIED AS MOOT; and
3. The Motion to Expedite [Doc. #20] is DENIED.
Dated August 9, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

2