Sims v. Collins et al

Filing 52

MINUTE ORDER: Letters (Doc. No. 48 , 49 , and 51 ) are STRICKEN. Plaintiff's letters/motions (Doc. Nos. 41 and 42 ) requesting placement in a different facility are DENIED. Plaintiff's letter/motion to the court in which he seeks guidance regarding case law he has obtained (Doc. No. 50 ) is DENIED. By Magistrate Judge Kathleen M. Tafoya on 5/16/2013. (klyon, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya Civil Action No. 12–cv–03249–MSK–KMT DUSTIN SIMS, Plaintiff, v. JOSHUA HAMMACK, Defendant. MINUTE ORDER ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA Plaintiff has written several letters to the court, all of which have been docketed in this matter. (See Doc. Nos. 41, 42, 47, 50.) Plaintiff is advised that the court does not respond to letters or emails. Plaintiff is reminded that he is required to conform to the Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the District of Colorado. These rules require that parties to civil litigation file motions when they seek relief from the Court. Fed. Rule Civ. Pro. 7(b)(1) (“An application to the court for an order shall be by motion...”); D.C.COLO.LCivR. 7.1C. Additionally, Plaintiff has filed letters addressed to Defendant’s counsel, Mr. Mott. (See Doc. No. 48 and 49, and 51.) These letters essentially are requests for discovery or other information. Correspondence and discovery requests between you and defense counsel should not be filed with the court. See Fed. R. Civ. P. 5(d). Therefore, these letters (Doc. No. 48, 49, and 51) are STRICKEN. Plaintiff’s letters/motions (Doc. Nos. 41 and 42) requesting placement in a different facility are DENIED. To the extent Plaintiff seeks a temporary restraining order or preliminary injunction, Plaintiff has failed to address the factors required to grant such relief. See Schrier v. Univ. of Colo., 427 F.3d 1253, 1258 (10th Cir. 2005). Moreover, the court declines to interfere in the day-to-day activities of prison administration. Finally, Plaintiff’s letter/motion to the court in which he seeks guidance regarding case law he has obtained (Doc. No. 50) is DENIED. As stated in the Preliminary Scheduling Conference, the court cannot give legal advice. Moreover, it appears the case law Plaintiff has obtained may appropriately be included in a response to either a motion to dismiss or a motion for summary judgment, neither of which has been filed at this time. Dated: May 16, 2013 2

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