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, )

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?