Perez v. Douglas County Sheriff Dept. et al

Filing 10

MINUTE ORDER Denying Without Prejudice 6 Plaintiffs Motion to Amend and Update Complaint; Denying Without Prejudice 8 Plaintiffs Emergency Motion for Stay of Execution. The Court additionally reminds Plaintiff that, pursuant to the District Judges Order entered November 21, 2011 4 , service on all defendants must be completed by December 21, 2011, by Magistrate Judge Kristen L. Mix on 12/19/2011.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02975-WJM-KLM
GONZALO PEREZ, and all others similarly situated,
Plaintiff,
v.
DOUGLAS COUNTY SHERIFF DEPT.,
GRAND COUNTY SHERIFF DEPT.,
CITIES OF WINTER PARK - FRASER POLICE DEPT.,
DENVER COUNTY SHERIFF DEPT.,
CITY OF DENVER POLICE DEPT.,
ADAMS COUNTY SHERIFF DEPT.,
AURORA POLICE DEPARTMENT,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion to Amend and Update
Complaint [Docket No. 6; Filed December 14, 2011] and Plaintiff’s “Emergency Motion
for Stay of Execution” [Docket No. 8; Filed December 14, 2011].
IT IS HEREBY ORDERED that the Motion to Amend [#6] is DENIED WITHOUT
PREJUDICE. If Plaintiff intends to file an Amended Complaint pursuant to Fed. R. Civ. P.
15(a)(1), he must file a complete Amended Complaint as a separate document using the
appropriate
form
available
on
the
Court’s
website,
at
http://www.cod.uscourts.gov/RepresentingYourself.aspx. The Court will not permit
piecemeal amendment of the Complaint. Further, the Court notes that only one plaintiff is
identified in the case caption of the Complaint, but ten individuals are identified as plaintiffs
on the signature page. [#1] at 5. Any person signatory to the Complaint as a plaintiff must
be identified as a plaintiff in the case caption of the Complaint.
IT IS FURTHER ORDERED that the “Emergency Motion” [#8] is DENIED WITHOUT
PREJUDICE. If Plaintiff is seeking injunctive relief pursuant to Fed. R. Civ. P. 65, he must
file a motion compliant with Fed. R. Civ. P. 65 and D.C.COLO.LCivR 65.1. Liberally
construing Plaintiff’s request, the Court notes that Plaintiff provides no legal authority
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indicating that this Court has jurisdiction over a state criminal proceeding, nor does Plaintiff
state a clear request for relief.
The Court additionally reminds Plaintiff that, pursuant to the District Judge’s Order
entered November 21, 2011 [#4], service on all defendants must be completed by
December 21, 2011.
Dated: December 19, 2011

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