Aragon v. Erlanger et al

Filing 81

ORDER granting 72 Motion to Require Plaintiff to Properly Communicate and for Directions as to Proper Mailing of Defendant's Court Filings. Striking 74 Motion to Produce; striking 75 Motion to Produce; striking 76 Motion to Produce. By Magistrate Judge Boyd N. Boland on 9/16/2014.(trlee, )

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.
HILLEL ERLANGER,
MITCHELL BUTTERFIELD, and
RHONDA FUNSTON,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following:
(1) Defendant Erlanger’s Motion to Require Plaintiff to Properly Communicate and
for Directions as to Proper Mailing of Defendant’s Court Filings [Doc. #72, filed
09/05/2014];
(2) Defendant Hillel Erlanger’s Request for Production of Documents to Plaintiff
Ruben Aragon [Doc. #74, filed 09/08/2014];
(3) Defendant Hillel Erlanger’s Request for Admissions to Plaintiff Ruben Aragon
[Doc. #75, filed 09/08/2014]; and
(4) Defendant Hillel Erlanger’s Request for Interrogatories to Plaintiff Ruben
Aragon [Doc. #76, filed 09/08/2014].
The plaintiff currently is incarcerated by the Colorado Department of Corrections.
Defendant Erlanger has served the plaintiff with court filings at the plaintiff’s address of record

at the Arkansas Valley Correctional Facility. In a letter to defendant Erlanger’s counsel dated
September 3, 2014, the plaintiff stated:
I am not allowed to receive your mail as you seem to not wish to
comply with the institutional rules or regulations for sending
privileged mail. AR 300-38, Offender Mail. I’ve already notified
you of this problem with the mail room Sgt Ruffini. I would
expect some perfessional [sic] conduct from your firm. Notice will
be given to the court.
***
If this is a gimmic [sic] to buy more time to answer the discovery
requests, I’m pretty sure if you request an extension, they’ll be
freely granted.
Motion to Require Plaintiff to Properly Communicate and for Directions as to Proper Mailing of
Defendant’s Court Filings, First Attachment.
The plaintiff attached to the letter a “Notice of Rejection/Disposition of Mail” from the
prison. The notice states that the plaintiff received mail from an attorney that was not marked as
privileged or confidential. The Notice further states that the plaintiff could “elect to have it
returned to sender or have it be treated as non-restricted mail and delivered” to him. Id.
Apparently, the plaintiff believes that the defendants are required to label their mail to
him as privileged or confidential. However, the defendants’ court filings are a matter of public
record; they are not privileged or confidential. The defendants’ mail should be treated as nonrestricted mail. In addition, I will not tolerate the plaintiff’s immaterial and impertinent
statements and ad hominem attacks against defendant Erlanger’s counsel.
Finally, defendant Erlanger has filed with the court several requests for discovery. Those
requests should be served on the parties. Discovery materials shall not be filed with the court.
Fed.R.Civ.P. 5(d).
IT IS ORDERED:
2

(1) The Motion to Require Plaintiff to Properly Communicate and for Directions as to
Proper Mailing of Defendant’s Court Filings [Doc. #72] is GRANTED;
(2) The plaintiff shall accept the defendants’ correspondence as non-restricted mail;
(3) The plaintiff shall cease making immaterial and impertinent statements and ad
hominem attacks against the defendants’ counsel; and
(4) Defendant Hillel Erlanger’s Request for Production of Documents to Plaintiff Ruben
Aragon [Doc. #74]; Defendant Hillel Erlanger’s Request for Admissions to Plaintiff Ruben
Aragon [Doc. #75]; and Defendant Hillel Erlanger’s Request for Interrogatories to Plaintiff
Ruben Aragon [Doc. #76] are STRICKEN.
Dated September 16, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

3