Sexton v. Hickenlooper et al

Filing 32

MINUTE ORDER denying 28 Motion to Name Unknown Party. By Magistrate Judge Kathleen M. Tafoya on 6/27/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 13–cv–01008–MKS–KMT

JOHN THOMAS SEXTON, JR.,
Plaintiff,
v.
GOVERNOR JOHN HICKENLOOPER,
MAYOR MICHAEL HANCOCK,
LT. JAMES HENNING OF DENVER POLICE DEPARTMENT,
UNKNOWN OFFICER OF DENVER POLICE DEPARTMENT,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
Plaintiff’s “Motion to Name Unknown Party” (Doc. No. 28, filed June 26, 2013) is DENIED.
Because Plaintiff’s Motion seeks to discover “the name of the ‘Unknown Officer” for the Denver
Police Department so [he] can properly name the defendant,” the court construes Plaintiff’s
motion as a motion to compel discovery. Pursuant to Fed. R. Civ. P. 26(a)(1)(B)(iv), pro se
actions brought by individuals in the custody of the United States, a state, or a state subdivision
are a category of proceedings “exempt from initial disclosure.” Additionally, the local rules of
this court provide that a scheduling order and orders for discovery are unnecessary in the
category of proceedings listed in Fed. R. Civ. P. 26(a)(1)(B). D.C.COLO.LCivR 16.2.B.2. As
such, the court declines to allow discovery prior to holding the Preliminary Scheduling
Conference.
Dated: June 27, 2013