Dawson v. Audet et al

Filing 69

ORDER: A letter addressed to the Clerk of the Court [Doc. # 57 ]; a letter addressed to me [Doc. # 58 ]; Plaintiff's Rule 26(a) Disclosures [Doc. # 63 ]; Plaintiff's Answer to Defendants' Interrogatories [Doc. # 65 ]; Plaintiff's Answer to Defendants' Request for Production of Documents Pursuant to Fed.R.Civ.P. 34 [Doc. # 66 ]; Plaintiff's Answer to Defendants' Request for Admissions [Doc. # 67 ]; and a letter addressed to the Clerk of the Court [Doc. # 68 ] are STRICKEN. By Magistrate Judge Boyd N. Boland on 7/29/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00901-MSK-BNB
JAMES RALPH DAWSON, JR.,
Plaintiff,
v.
PAUL AUDET,
SUSAN AUDET, a.k.a. DEANNE AUDET,
DONALD BRIGHTWELL,
DINO WILLIAMS,
ANGEL MEDINA,
STEVEN OWENS, and
ANTHONY DeCESARO,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following papers (the “Papers”) filed by the plaintiff:
1. A letter addressed to the Clerk of the Court [Doc. #57, filed 03/29/2013];
2. A letter addressed to me [Doc. #58, filed 04/16/2013];
3. Plaintiff’s Rule 26(a) Disclosures [Doc. #63, filed 07/15/2013];
4. Plaintiff’s Answer to Defendants’ Interrogatories [Doc. #65, filed 07/17/2013];
5. Plaintiff’s Answer to Defendants’ Request for Production of Documents
Pursuant to Fed.R.Civ.P. 34 [Doc. #66, filed 07/17/2013];
6. Plaintiff’s Answer to Defendants’ Request for Admissions [Doc. #67, filed
07/17/2013]; and
7. A letter addressed to the Clerk of the Court [Doc. #68, filed 07/25/2013].
The Letters

The plaintiff previously filed a letter addressed to the Clerk of the Court requesting a
docket sheet and a letter addressed to me inquiring whether the defendants are in default. In
striking the letters, I stated:
The letters are inappropriate. “A request for a court order must be
made by motion.” Fed. R. Civ. P. 7(b)(1). The plaintiff may not
seek a court order through letters or notices. All requests must be
made in the form of a motion, and the request must be titled as a
motion. In addition, the local rules of this Court prohibit ex parte
communication with judicial officers:
In the absence of previous authorization, no attorney
or party to any proceeding shall send letters,
pleadings or other papers or copies directly to a
judicial officer. Unless otherwise instructed, all
matters to be called to a judicial officer’s attention
shall be submitted through the clerk, with copies
served on all other parties or their attorneys.

D.C.COLO.LCivR 77.2.

Despite my order, the plaintiff has filed two more letters to the Clerk of the Court and a
letter to me--all requesting relief from the court. The letters are stricken, and the plaintiff shall
cease sending letters to the court.
The Discovery Materials
The plaintiff has filed with the court his disclosures and discovery responses. Discovery
materials shall not be filed with the court. Fed.R.Civ.P. 5(d). The disclosures and responses are
stricken. The plaintiff shall cease filing discovery with the court.
IT IS ORDERED;
1. The Papers are STRICKEN;

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2. The plaintiff shall cease filing letters; all future applications to the court for relief
shall be submitted in the form of a motion in compliance with Rule 7;
4. The plaintiff shall cease filing discovery; and
5. Failure to comply with this order may result in sanctions, including dismissal of this
action.
Dated July 29, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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