Brown v. Federal Bureau of Prisons et al
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, )
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,
FEDERAL BUREAU OF PRISONS,
UNITED STATES DEPARTMENT OF JUSTICE,
UNITED STATES OF AMERICA, and
JOHN AND JANE DOES 1-20,
This matter arises on the following:
1. Plaintiff’s Motion for Leave to File Surreply . . . . [Doc. #32, filed 06/13/2012],
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
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