Aragon v. Erlanger et al

Filing 46

ORDER by Magistrate Judge Boyd N. Boland on 2/18/14 re: 44 MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss. (BWS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No 13-cv-01726-RBJ-BNB
RUBEN ARAGON,
Plaintiff,
v.
ROSSKAMM ERLANGER,
GUY EDMONDS,
MITCHELL BUTTERFIELD,
RHONDA FUNSTON, and
JEFFREY HILL,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter is before me on the plaintiff’s Motion for Extension of Time to Respond to
Defendants’ Motion to Dismiss [Doc. #44, filed 02/05/2014] (the “Motion”).
Defendants Butterfield, Edmonds, Funston, and Hill filed a Partial Motion to Dismiss
[Doc. #30] on December 20, 2013. I ordered the plaintiff to respond to that motion on or before
January 21, 2014 [Doc. #33]. The plaintiff did not file a response. On January 9, 2014,
defendant Erlanger filed a Motion to Dismiss [Doc. #34]. I ordered the plaintiff to respond to the
Erlanger motion on or before February 10, 2014 [Doc. #36].
The plaintiff states that although he received my order directing him to respond to
Erlanger’s Motion to Dismiss, he has not received the motion to dismiss. He requests that the
motion be re-served and that he be permitted an additional 30 days to file his response.

It appears from the record that the plaintiff was transferred from the Buena Vista
Correctional Facility to the Arkansas Valley Correctional Facility1 some time after the
defendants served their motions and that the plaintiff may not have received either motion.
Accordingly,
IT IS ORDERED:
(1) On or before February 25, 2014, the defendants shall re-serve on the plaintiff their
motions to dismiss;
(2) The plaintiff shall respond to both motions on or before March 25, 2014;
(3) No further extensions of time to will be granted; and
(4) The plaintiff shall keep the court apprised of his current address in compliance with
D.C.COLO.LCivR11.1(d). Failure to comply with this order may result in dismissal of this
action.
Dated February 18, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

1

The plaintiff did not file a notice of change of address with the court as required by
D.C.COLO.LCivR11.1(d).
2