Miller v. Lusk et al

Filing 88

ORDER denying 84 Motion to Stay Proceedings. by Magistrate Judge Boyd N. Boland on 4/25/13.(bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 11-cv-03365-RBJ-BNB
DANIEL BRENT MILLER,
Plaintiff,
v.
CORPERAL LUSK, Teller Sheriff,
DEPUTY BAST, Teller Sheriff,
DEPUTY ODELL, Teller Sheriff, and
DEPUTY MARTINEZ, Teller Sheriff,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the plaintiff’s Motion to Stay Proceedings [Doc. #84, filed
04/19/2013] (the “Motion to Stay”), which is DENIED.
The plaintiff seeks a two week stay of this case because he “is on lockdown quarantine
by the department of health . . . due to a flu epidemic at the facility.” He states that he does not
have access to legal materials and will be unable to reply to the defendants’ discovery requests.
The plaintiff does not state definitively whether he has been served with discovery
requests by the defendants, nor does he identify any deadline for serving his responses. There
are no pending motions which require a response by the plaintiff. To the contrary, the only
pending motions have been filed by the plaintiff, including a motion which was filed three days
after the Motion to Stay. The plaintiff has failed to provide any justification to stay this case.
IT IS ORDERED that the Motion to Stay [Doc. # 84] is DENIED.

Dated April 25, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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