Simmons v. Falk et al

Filing 15

MINUTE ORDER denying as inappropriate and moot 14 Motion for Default Judgment, by Magistrate Judge Boyd N. Boland on 12/20/2012. Court instructs Respondents to resend a copy of the Preliminary Response to the Applicant. (sks)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-02742-BNB

LEO SIMMONS
Applicant,
v.
JAMES FALK, Warden, and
JOHN SUTHERS, The Attorney General of the State of Colorado,
Respondents.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE BOYD N. BOLAND
On December 19, 2012, Applicant filed a pleading titled, “Default JudgmentsAgainst Officer or Agency of State C.R.C.P. 55(e),” ECF No. 14. The Court construes
the pleading as a Motion for Default Judgment. Applicant asserts Respondents have
failed to file a Response as they were instructed to do by the Court. The Motion is
DENIED as inappropriate and moot. Respondents filed a Preliminary Response on
November 21, 2012.
Although Respondents have submitted a certificate of mailing to the Court
indicating they sent a copy of the Preliminary Response to Applicant on November 23,
2012, and Applicant filed a Brief on November 26, 2012, it is not clear that Applicant has
received a copy of the Preliminary Response. The Court, therefore, will instruct
Respondents to resend a copy to Applicant. The Court will give Applicant an additional
twenty-one days from the date Respondents file a certificate of mailing with the Court
indicating they resent a copy of the Preliminary Response to Applicant to file a Reply.
Dated: December 20, 2012