Bartowsheski v. Timme et al

Filing 21

ORDER The plaintiffs Motion to Dismiss Defendants Motion for Federal R.Civ.P. 12(b)(6) and/or Rule 56 Summery [sic] Judgement Doc. # 19 is DENIED; The defendants shall serve Defendants Motion to Dismiss on the plaintiff at his address of record; The plaintiff shall respond to Defendants Motion to Dismiss within thirty days of the date of service of the motion, by Magistrate Judge Boyd N. Boland on 12/11/2013.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-02136-WJM-BNB
MIKE BARTOWSHESKI,
Plaintiff,
v.
HEARING OFFICER LT. TOPLISS,
SOTMP THERAPIST KRISTY STAYSELL,
SOTMP THERAPIST TOM NELSON, and
SOTMP DIRECTOR CHARLES OLIN,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the plaintiff’s Motion to Dismiss Defendant’s Motion for Federal
R. Civ. P. 12(b)(6) and/or Rule 56 Summery [sic] Judgement [Doc. #19, filed 12/04/2013]
(the “Motion”).
The plaintiff seeks dismissal of the defendants’ Motion to Dismiss Pursuant to Fed. R.
Civ. P. 12(b)(6) and/or for Summary Judgment [Doc. #16] (the “Defendants’ Motion to
Dismiss”). He states that he never received a copy of Defendants’ Motion to Dismiss. Motion,
¶ 3. The defendants certify that they served a copy of their motion on the plaintiff by mailing it
to him at Centennial Correctional Facility, P.O. Box 600, Canon City, CO 81215. However, the
plaintiff’s address of record is at the Colorado Territorial Correctional Facility, P.O. Box 1010,
Canon City, CO 81215-1010.
The plaintiff also attempts to respond to Defendants’ Motion to Dismiss. Rather than
consider the current response, I will direct the defendants to serve their Motion to Dismiss on the

plaintiff at his address of record. The plaintiff shall have thirty days from the date of service to
file a proper response.
IT IS ORDERED:
(1) The plaintiff’s Motion to Dismiss Defendant’s Motion for Federal R.Civ.P. 12(b)(6)
and/or Rule 56 Summery [sic] Judgement [Doc. #19] is DENIED;
(2) The defendants shall serve Defendants’ Motion to Dismiss on the plaintiff at his
address of record;
(3) The plaintiff shall respond to Defendants’ Motion to Dismiss within thirty days of
the date of service of the motion.
Dated December 11, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge