Toney v. Berkebile et al

Filing 77

ORDER denying 73 Motion for Order by Magistrate Judge Boyd N. Boland on 9/25/13.(bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-00111-RM-BNB
JOE M. TONEY, JR.,
Plaintiff,
v.
WARDEN BERKEBILE,
A.W. HALL,
A.W. KUTA,
S.I.S. REDDEN,
R. MARTINEZ,
MS. RANGEL,
MS. SUDLOW, and
MR. MADISON,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the plaintiff’s Motion for Court Order Directing the Clerk of
Court or Defendants to Provide Plaintiff with a Copy of Fed. R. Civ. P. 26 and Rule 34
[Doc. #73, filed 09/18/2013] (the “Motion”). The Motion is DENIED.
The plaintiff is incarcerated by the Federal Bureau of Prisons at the United States Prison,
Administrative Maximum in Florence, Colorado (“ADX”). He requests that the court order the
Clerk of the Court or the defendants to provide him with a copy of Rules 26 and 43, Fed. R. Civ.
P. The plaintiff does not state whether a copy of the rules is available to him at ADX.
The plaintiff claims that at the Scheduling Conference on July 23, 2013, I advised him
that the Clerk of the Court would send him a copy of the Federal Rules. I did not. Instead, I told
the plaintiff that I would cause the Clerk of the Court to send him a copy of a pretrial order form,

not a copy of the Federal Rules of Civil Procedure. The court does not provide copies of the
Federal Rules of Civil Procedure. Nor will the court require the defendants to provide the
plaintiff with a copy of the Federal Rules.
IT IS ORDERED that the Motion is DENIED.
Dated September 25, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

2