Schneider v. Colorado Public Defenders Office et al

Filing 12

ORDER overruling 11 MOTION for Leave to Proceed on Appeal Without Prepayment of Costs or Fees (non-PLRA), which the Court has construed liberally as an objection, by Judge Lewis T. Babcock on 8/21/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01964-BNB
TROY LEE SCHNEIDER,
Plaintiff,
v.
COLORADO PUBLIC DEFENDERS OFFICE, and
NELISSA MELFIELD, Public Defender,
Defendants.

ORDER OVERRULING OBJECTION

This matter is before the Court on the document titled “Motion for Leave to
Proceed on Appeal Without Prepayment of Costs or Fees (non-PLRA)” (ECF No. 11)
filed pro se on August 13, 2013, by Plaintiff, Troy Lee Schneider. Mr. Schneider
appears to object to Magistrate Judge Boyd N. Boland’s minute order of August 5, 2013
(ECF No. 7) denying Plaintiff’s motion for appointment of counsel (ECF No. 6) as
premature. Mr. Schneider currently is incarcerated at the Boulder County Jail.
The Court must construe liberally the August 13 motion because Mr. Schneider is
not represented by an attorney. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972);
Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the Court should not
be an advocate for a pro se litigant. See Hall, 935 F.2d at 1110. For the reasons stated
below, the August 13 motion purportedly appealing from a nonfinal minute order will be
treated as an objection, and the objection will be overruled.
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 August 5 minute order
denying as premature Mr. Schneider’s motion for appointment of counsel is not clearly
erroneous or contrary to law. Therefore, the objection will be overruled.
Accordingly, it is
ORDERED that the document titled “Motion for Leave to Proceed on Appeal
Without Prepayment of Costs or Fees (non-PLRA)” (ECF No. 11) filed pro se on August
13, 2013, by Plaintiff, Troy Lee Schneider, and which the Court has construed liberally
as an objection pursuant to 28 U.S.C. § 636(b)(1)(A), is overruled.
DATED at Denver, Colorado, this 21st day of

August

, 2013.

BY THE COURT:

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

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