McCollum v. USA

Filing 77

MINUTE ORDER denying 75 plaintiff's "Dispositive Motion", by Magistrate Judge Michael J. Watanabe on 5/29/2013.(mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01175-PAB-MJW
GERALD McCOLLUM,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that plaintiff’s “Dispositive Motion” (Docket No. 75) is
DENIED for the following reasons. Plaintiff’s motion consists of a list of disputed facts
related to plaintiff’s claim of excessive force. Plaintiff asks the court to not dismiss his
claim and to allow it to proceed to a jury trial.
It appears to the court that plaintiff may believe that he is required to file his
opposition to defendant’s (not yet filed) motion for summary judgment prior to the June
10, 2013 dispositive motions deadline. Because plaintiff’s motion does not seek any
relief other than asking the court to not grant summary judgment, the motion is denied.
If defendant files a motion for summary judgment on or before June 10, 2013, plaintiff
will be permitted, per D.C.COLO.LCivR 7.1, to respond.
Date: May 29, 2013