Tennyson v. Carpenter et al

Filing 12

ORDER Overruling Objection. ORDERED that the objection titled Objections/Motion for Reconsideration of Orders [sic] Dated 4/2/2013" 11 is overruled. FURTHER ORDERED that Mr. Tennyson will be allowed thirty (30) days from the date of this order in which to file an amended prisoner complaint that complies with the order of April 2, 2013. Failure to do so within the time allowed will result in the dismissal of the instant action, by Judge Lewis T. Babcock on 5/1/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-00648-BNB
AUDREY LEE TENNYSON,
Plaintiff,
v.
MATTHEW CARPENTER, Chief of Unit Managers,
ROBERT SPARKS, Unit Manager,
"THE SUPERIORS," Identities Not Yet Known,
VANCE EVERETT, K.C.C.C. Warden,
KIT CARSON CORRECTIONAL CENTER,
TOM CLEMENTS, C.D.O.C. Executive Director, and
COLORADO DEPARTMENT OF CORRECTIONS,
Individually and In Their Official Capacities,
Defendants.

ORDER OVERRULING OBJECTION

This matter is before the Court on the objection titled “Objections/Motion for
Reconsideration of Orders [sic] Dated 4/2/2013" filed pro se on April 17, 2013, by
Plaintiff, Audrey Lee Tennyson. Mr. Tennyson objects to Magistrate Judge Boyd N.
Boland’s order of April 2, 2013 (ECF No. 10), directing him to file an amended prisoner
complaint. Mr. Tennyson is a prisoner in the custody of the Colorado Department of
Corrections who currently is incarcerated at the Kit Carson Correctional Center in
Burlington, Colorado.
In the April 2 order, Magistrate Judge Boland explained how the prisoner
complaint failed to comply with the pleading requirements of Rule 8 of the Federal Rules
of Civil Procedure, and elaborated on how to file an amended complaint that would

comply. In his objection, Mr. Tennyson disagrees with Magistrate Judge Boland’s
suggestions.
Pursuant to 28 U.S.C. § 636(b)(1)(A) a judge may reconsider any pretrial matter
designated to a magistrate judge to hear and determine where it has been shown that
the magistrate judge’s order is clearly erroneous or contrary to law. The Court has
reviewed the file and finds that Magistrate Judge Boland’s order directing Mr. Tennyson
to file an amended prisoner complaint is not clearly erroneous or contrary to law.
Accordingly, it is
ORDERED that the objection titled “Objections/Motion for Reconsideration of
Orders [sic] Dated 4/2/2013" filed pro se on April 17, 2013, by Plaintiff, Audrey Lee
Tennyson, is overruled. It is
FURTHER ORDERED that Mr. Tennyson will be allowed thirty (30) days from
the date of this order in which to file an amended prisoner complaint that complies
with the order of April 2, 2013. Failure to do so within the time allowed will result in the
dismissal of the instant action.
DATED at Denver, Colorado, this

1st

day of

May

, 2013.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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