Escobar v. Foster et al

Filing 49

ORDER denying without prejudice 46 Motion to Compel by Magistrate Judge Kristen L. Mix on 7/2/12.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00489-CMA-KLM
JOSE MEDINA ESCOBAR,
Plaintiff,
v.
ASSOCIATE WARDEN S. FOSTER,
DEPUTY DIRECTOR L. REID,
MAJOR L. MALFELD,
LIEUTENANT L. TRAVIS,
LIEUTENANT TEDEMANN,
LIEUTENANT BURKE,
CAPTAIN PADILLA,
CAPTAIN D. WILLIAMS,
SERGEANT MARQUEZ,
SERGEANT MONTGOMERY,
SERGEANT KELEMAN,
SERGEANT HAWKINS,
SERGEANT FRETWELL,
C/O CALDARONELLO,
C/O P. ARCHULETA,
C/O ALANIS,
C/O AURITI,
C/O SAUCIDO,
C/O KITCHEN,
C/O S. HARTUNG,
C/O MONTANEZ,
C/O B. TETRICK, and
C/O VERSTEEGH,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the document titled “Plaintiff Motions the Court
to Enter an Order for Any Relief it Deems Appropriate in the Matters Herein” [Docket
No. 46; Filed June 29, 2012] (the “Motion”). In the Motion, Plaintiff recounts a series of
factual allegations paralleling those in his Complaint, see [#1], but does not state a clear
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request for relief, and does not provide relevant legal authority in support of a request for
relief. Plaintiff appears to indicate that he is unable to prosecute this lawsuit, but the
regular pace of filings on the docket by Plaintiff belies this assertion. In any event, Plaintiff
is no stranger to litigation in this District, and has amply demonstrated his ability to frame
facts and to state clear requests for relief. E.g., Escobar v. Hachey, Case No. 11-cv01443-CMA-KLM (voluntarily dismissed without prejudice); Escobar v. Huertas, Case No.
11-cv-00169-CMA-KLM (voluntarily dismissed without prejudice); Escobar v. Wright, Case
No. 10-cv-02050-CMA-KLM (summary judgment entered in favor of defendants); Escobar
v. Jones, Case No. 09-cv-02207-CMA-KLM (pending trial); Escobar v. No Defendants
Named, Case No. 08-cv-01992-ZLW (dismissed without prejudice); Escobar v. Olivett,
Case No. 06-cv-01222-CMA-KLM (dismissed sua sponte on the merits). Accordingly,
IT IS HEREBY ORDERED that the Motion is DENIED WITHOUT PREJUDICE
pursuant to D.C.COLO.LCivR 7.1C. and 7.1H. Should Plaintiff renew this Motion, he must
state a clear request for relief and he must provide relevant legal authority in support of his
request.
Dated: July 2, 2012

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