Toney v. Berkebile et al

Filing 84

ORDER denying 74 Motion for Sanction for Failure to Make Disclosure and Cooperate in Discovery; granting 80 Motion for Request and Leave to File a Reply Response. by Magistrate Judge Boyd N. Boland on 10/30/13.(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 following motions filed by the plaintiff:
(1) Motion for Sanction for Failure to Make Disclosure and Cooperate in Discovery
[Doc. #74, filed 09/18/2013]; and
(2) Motion for Request and Leave to File a Reply Response [Doc. #80, filed
10/17/2013].
The plaintiff requests sanctions against the defendants for failing to respond to his
discovery requests. The defendants assert, and the plaintiff does not dispute, that the plaintiff

served his discovery requests on August 14, 2013, and the defendants timely served their
responses on September 16, 2013.1 Accordingly, the plaintiff’s request for sanctions is denied.
IT IS ORDERED:
(1) The Motion for Sanction for Failure to Make Disclosure and Cooperate in Discovery
[Doc. #74] is DENIED; and
(2) The Motion for Request and Leave to File a Reply Response [Doc. #80] is
GRANTED.
Dated October 30, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

1

The plaintiff complains that prison officials did not timely deliver the defendants’
discovery requests. Motion for Request and Leave to File a Reply Response, ¶¶ 3-8.
2