Brown v. Federal Bureau of Prisons et al

Filing 46

ORDER denying 40 Motion to Substitute Party ; granting 32 Motion for Leave to File Surreply by Magistrate Judge Boyd N. Boland on 12/7/12.(bnbcd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 11-cv-03191-WYD-BNB TIMOTHY DEMITRI BROWN, Plaintiff, v. FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, and JOHN AND JANE DOES 1-20, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the following: 1. Plaintiff’s Motion for Leave to File Surreply . . . . [Doc. #32, filed 06/13/2012], and 2. Plaintiff’s Motion to Substitute [Doc. #40, filed 10/15/2012]. The plaintiff’s request to file a sur-reply to the defendants’ motion to dismiss is granted. The plaintiff also requests to substitute Warden D. Berkebile for John Doe No. 1 “as a respondent to plaintiff’s petition for habeas corpus.” By separate recommendation, I have recommended that insofar as the plaintiff’s Complaint asserts a claim for habeas relief, the claim be dismissed. Accordingly, the plaintiff’s request to substitute is denied as moot. IT IS ORDERED: 1. Plaintiff’s Motion for Leave to File Surreply . . . . [Doc. #32] is GRANTED, and 2. The Motion to Substitute [Doc. #40] is DENIED. Dated December 7, 2012. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge 2

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