Vaughan v. Berkbile et al
ORDER denying as moot 36 Motion to Strike. The plaintiff's materials 29 , 30 , 31 , and 32 are STRICKEN, by Magistrate Judge Boyd N. Boland on 5/5/2014.(trlee, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-01727-RBJ-BNB
D. BERKEBILE, Federal Bureau of Prisons,
This matter arises on the following:
(1) The plaintiff’s Statement of Undisputed Facts [Doc. #29, filed 12/20/2013];
(2) Pro Se Plaintiff’s Motion for Summary Judgment [Doc. #30, filed 12/20/2013];
(3) Pro Se Brief in Support of Summary Judgment Motion [Doc. #31, filed
(4) Declaration in Support of Pro Se Plaintiff’s Motion for Summary Judgment
[Doc. #32, filed 12/20/2013]; and
(5) Defendant’s Motion to Strike Plaintiff’s Motion for Summary Judgment or, in
the Alternative, to Stay Briefing on the Motion [Doc. #36, filed 01/09/2014].
The plaintiff’s materials are STRICKEN, and the defendant’s motion is denied as moot.
The plaintiff’s various filings indicate that he is seeking summary judgment.1 These
materials are stricken. The plaintiff does not certify that he served a copy of the materials on
counsel for the defendants. Copies of papers filed in this court must be served on counsel for all
other parties (or directly on any party acting pro se) in compliance with Fed. R. Civ. P. 5. Rule 5
provides that all pleadings filed after the original complaint and all written motions, notices,
demands, or any similar paper must be served on every party. Fed. R. Civ. P. 5(a). “If a party is
represented by an attorney, service under this rule must be made on the attorney . . . .” Fed. R.
Civ. P. 5(b)(1). Service upon other parties may be by mail. Id. Proof that service has been
made is provided by a certificate of service. Id. at 5(d). Certification should be made in the
original papers and should show the day and manner of service. Id.
The defendant seeks to strike the plaintiff’s motion for summary judgment because it is
immaterial to any claim at issue in this case. That motion is moot.
IT IS ORDERED:
(1) The plaintiff’s materials [Docs. ## 29, 30, 31, and 32] are STRICKEN;
(2) The defendant’s motion [Doc. #36] is DENIED AS MOOT; and
(3) All papers shall be served on counsel for the defendant in accordance with Rule 5
and shall be accompanied by a proper Certificate of Service.
The plaintiff seeks summary judgment on claims for “Class-of-One Equal Protection
Clause,” and “denial of procedural due process.” The plaintiff does not assert in his Amended
Prisoner Complaint [Doc. #8] a procedural due process claim against defendant Berkebile, nor
does he assert an equal protection claim under a “class of one” theory.
Dated May 5, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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