Faircloth v. Timme et al

Filing 182

ORDER Striking 180 Motion for Court Docket To Be Sent toPlaintiff By Clerk and Striking 181 Motion for Declarationof Status of Case. Signed by Judge Robert E. Blackburn on 4/13/2016.(cmira)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-3317-REB-KLM
JAMES FAIRCLOTH,
Plaintiff,
v.
CORRECTIONAL OFFICER MARQUEZ, in his individual capacity, and
LT. TOM BENEZE, in his individual capacity,
Defendants.

ORDER
Blackburn, J.
The matters before me are (1) plaintiff’s Motion for Court Docket To Be Sent to
Plaintiff By Clerk [#180],1 filed April 11, 2016; and (2) plaintiff’s Motion for Declaration
of Status of Case [#181], filed April 11, 2016. As I have noted previously, plaintiff is still
represented in this matter by counsel. (See Order [#179], filed April 11, 2016; Order
Denying Plaintiff’s Motion To Alter, Amend & Vacate Judgment Pursuant to FRCP
59(e) [#176], filed March 17, 2016.) A party may not file documents pro se when he is
represented by counsel. See United States v. Nichols, 374 F.3d 959, 964 n.2 (10th Cir.
2004) (citing United States v. Guadalupe, 979 F.2d 790, 795
(10th Cir. 1992)), reviewed on other grounds, 125 S.Ct 1082 (2005)). These motions
therefore will be stricken.

1
“[#180]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

Moreover, these motions suggest to the court that plaintiff’s counsel has not
fulfilled her continuing responsibilities to keep her client apprised of the status of this
case. If this is in fact the case, any such lapse on counsel’s part would constitute a
serious breach of her ethical obligations to her client. Accordingly, counsel would be
well-advised to act with utmost haste to rectify the present untenable state of affairs in
this and all other cases in which she entered an appearance on plaintiff’s behalf.
THEREFORE, IT IS ORDERED as follows:
1. That plaintiff’s Motion for Court Docket To Be Sent to Plaintiff By
Clerk [#180], filed April 11, 2016, is stricken; and
2. That plaintiff’s Motion for Declaration of Status of Case [#181], filed April
11, 2016, is stricken.
Dated April 13, 2016, at Denver, Colorado.
BY THE COURT:

2