Dillard v. Clark et al

Filing 8

ORDER by Magistrate Judge Boyd N. Boland on 10/09/12 striking 7 MOTION for Extension of Time, filed by Vicki Dillard; Ordering that Plaintiff Vicki Dillard has up to and including 10/11/12 to respond to the Order to Show Cause 6 , and ordering that the Clerk take notice of the change of address entered for plaintiff in case #11-cv-01928-RBJ. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02266-BNB
VICKI DILLARD,
Plaintiff,
v.
SGT. MATT CLARK,
LT. DAVID APSHAR,
SGT. RICHARD SEELEY,
OFFICER ABEITA, In Their Official and Individual Capacities, and
THE CITY AND COUNTY OF DENVER, A Municipality,
Defendants.

ORDER

Ms. Dillard, acting pro se, initiated this action by filing a Complaint pursuant to 42
U.S.C. §§ 1981, 1983, and 28 U.S.C. § 1331, 1343, and 2201 alleging that her United
States constitutional rights have been violated. Ms. Dillard also asserts federal and state
statute violations. On September 4, 2012, the Court instructed Ms. Dillard to show cause
why the Complaint and action should not be dismissed because the claims are repetitious
of the claims she raised in Dillard, et al., v. Gregory, et al., No. 11-cv-01928-RBJ-BNB.
Ms. Dillard did not respond to the show cause order. Instead, a third party claiming
to have power of attorney for Ms. Dillard filed a motion for extension of time to respond to
the show cause order. The motion will be stricken.
Federal law allows two types of representation in court. Either by an attorney
admitted to the practice of law by the applicable regulatory body or by an individual
representing herself. 28 U.S.C. § 1654. Regulation of the unauthorized practice of law is
a state matter. Doyle v. Oklahoma Bar Assn., 998 F.2d 1559, 1569 n. 6 (10th Cir. 1993)

(citation omitted). “Colorado law prohibits the unauthorized practice of law, i.e., the
practice of law by a person who is not a licensed attorney in good standing with the State
Bar.” People v. Shell, 148 P.3d 162, 170 (Colo. 2006). Therefore, the motion for an
extension of time signed by someone claiming power of attorney for Ms. Dillard is
improperly filed in this case. Accordingly, it is
ORDERED that the Motion for Extension of Time, ECF No. 7, is stricken. It is
FURTHER ORDERED that Ms. Dillard has up to and including October 11, 2012, to
respond to the Order to Show Cause, ECF No. 6. It is
FURTHER ORDERED that if Ms. Dillard fails to respond within the time allowed the
Complaint and action will be dismissed without further notice. It is

FURTHER ORDERED that the Clerk of the Court shall take notice of the address
change entered for Ms. Dillard in Case No. 11-cv-01928-RBJ.
DATED October 9, 2012, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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