Faircloth v. Timme et al

Filing 153

MINUTE ORDER; 150 Motion for Leave to Provide Limited Scope Representation Pursuant to D.COLO.LAttyR 2(a) is GRANTED. The Notice of Limited Representation Entry of Appearance of Elisabeth L. Owen [#150-1] is accepted for filing as of the date of this Minute Order. [To the extent the Status Report 151 requests an extension of the stay in this case, it is GRANTED. The stay entered in this case is extended through November 27, 2015. If a Notice of Settlement or dismissal papers have not bee n filed by that date, Plaintiff shall file a Status Report on or before November 27, 2015 informing the Court of the status of this case. IT IS FURTHER ORDERED that the Clerk of the Court shall mail the August 18, 2015 Order [#148] to Plaintiff with this Minute Order, by Magistrate Judge Kristen L. Mix on 9/3/15.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-03317-REB-KLM
JAMES FAIRCLOTH,
Plaintiff,
v.
MARQUEZ, Correctional Officer, in his individual capacity, and
TOM BENEZE, Lt., in his individual capacity,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the Motion for Leave to Provide Limited Scope
Representation Pursuant to D.COLO.LAttyR 2(a) [#150]1 (the “Motion”) and Plaintiff’s
Status Report of Case’s [sic] by Petitioner to the Court and Combined Motion for
Extension of Time to [F]urther [C]onsult [W]ith Counsel Adequately on [H]ow to
[P]roceed in Case [#151] (the “Status Report”). On June 24, 2015, this case was stayed
through August 30, 2015, per Plaintiff’s request. See generally Order [#134]. In Plaintiff’s
Petition for Stay of Proceedings to Consult With Attorney [#132] (the “Stay Motion”),
Plaintiff explained that he wanted time to consult with Elisabeth Owen, an attorney with the
Prisoners’ Justice League of Colorado. Stay Motion [#132] at 1. Plaintiff further noted that
he hoped that consulting with Ms. Owen would lead to either “a possible resolution” of this
and his other pending lawsuits or Ms. Owen’s agreement that she would represent him in
this case. Id. The Court granted the Stay Motion and ordered the case stayed through
August 30, 2015. See Order [#134] at 5.
In the Motion, Ms. Owen requests leave to represent Plaintiff for the limited purpose
of “obtaining a stay of proceedings to enable the parties to negotiate a global resolution of
claims asserted by Plaintiff in this and other pending litigation in state and federal court
against the same or related defendants.” Motion, Ex. 1 [#150-1] at 1. The Court finds that
there is good cause to allow Ms. Owen to provide a limited scope representation to Plaintiff,

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“[#150]” is an example of the convention the Court uses to identify the docket number
assigned to a specific paper by the Court’s case management and electronic case filing system
(CM/ECF). The Court uses this convention throughout this Minute Order.

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an unrepresented prisoner, in this matter pursuant to D.C.COLO.LAttyR 2(b)(1).
In the Status Report, dated before the Motion, Plaintiff informs the Court that he has
been working to obtain representation and requests an extension of time in which to consult
with Ms. Owen regarding his pending cases. Status Report [#143] at 3. The Court
understands this to request an extension of the stay entered in this case on June 23, 2015
[#134]. The Court finds that for the reasons discussed in the June 24, 2015 Order [#134],
the requested relief should be granted. Accordingly, the Court will extend the existing stay
through November 27, 2015.
Plaintiff also asks the Court to rule on “the Injunctions/T.R.O.(s) he has filed . . . .”
Id. On August 18, 2015, the Court denied without prejudice the motion filed by Plaintiff
seeking injunctive relief and a temporary restraining order. Minute Order [#148] at 2. In
that Order, the Court also ordered Plaintiff to include a list of motions he would like to file
in this case in the status report he was ordered to file at the expiration of the stay. Id.
Because the Status Report includes such a list, the Court believes that Plaintiff received
the August 18, 2015 Order. However, as a one-time courtesy, the Court will order the Clerk
of the Court to enclose a copy of the August 18, 2015 Order with this Minute Order when
it is sent to Plaintiff.
For the reasons stated above.
IT IS HEREBY ORDERED that the Motion [#150] is GRANTED. The Notice of
Limited Representation Entry of Appearance of Elisabeth L. Owen [#150-1] is accepted for
filing as of the date of this Minute Order. Attorney Elisabeth L. Owen shall be permitted to
represent Plaintiff James Faircloth for the limited purpose of “obtaining a stay of
proceedings to enable the parties to negotiate a global resolution of claims asserted by
Plaintiff in this and other pending litigation in state and federal court against the same or
related defendants.” Motion, Ex. 1 [ #150-1] at 1.
IT IS FURTHER ORDERED that, to the extent the Status Report [#151] requests an
extension of the stay entered in this case, it is GRANTED. The stay entered in this case
is extended through November 27, 2015. If a Notice of Settlement or dismissal papers
have not been filed by that date, Plaintiff shall file a Status Report on or before November
27, 2015 informing the Court of the status of this case. The Status Report shall include a
list of any motions Plaintiff would like to file in this action and explain, in one hundred words
or less per motion, the reason why he would like to file each motion listed.
IT IS FURTHER ORDERED that the Clerk of the Court shall mail the August 18,
2015 Order [#148] to Plaintiff with this Minute Order.
Dated: September 3, 2015

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