Rainey v. Thorstad et al

Filing 23

ORDER denying as premature 18 Motion for Order; denying as premature 19 Motion for Order. By Magistrate Judge Michael E. Hegarty on 6/26/12.(cmacd )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-00945-CMA-MEH JOHN RAINEY, Plaintiff, v. BRYCE THORSTAD, LYNNE TRAVIS, JOSEPH SOTO, SGT. MAQUEZ, K. ROETKER, and SGT. MONTGOMERY, Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on June 26, 2012. Pending before the Court are two motions filed by Plaintiff: an “Unopposed Motion: Request to Submit” [filed June 22, 2012; docket # 18] (“Docket #18”), and an “Unopposed Motion to Use All Exhibits Submitted in Original Complaint, and to Submit Exhibits Promised in Amended Complaint” [filed June 22, 2012; docket #19] (“Docket #19”).1 The motions do not appear to seek to add allegations or claims to the operative pleading, but they do ask the Court to permit the documents attached to Docket #18 to be used as exhibits in support of Plaintiff’s pleading. However, like Plaintiff’s previous motions to submit additional documents [dockets ##4, 5] which were denied by Judge Boland, the Court finds that the documents submitted with the present motions are not necessary at this time. (See docket #6, 3.) Therefore, Docket #18 and Docket #19 are denied as premature. 1 Plaintiff represents that both motions are unopposed; however, Plaintiff does not provide the Court with any indiction that he obtained Defendants’ position on the relief requested. While Plaintiff is exempt from the conferral requirements of D.C. Colo. LCivR 7.1A during his incarceration, the Court cautions Plaintiff against characterizing his motions as “unopposed” without Defendants’ express consent.

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