Johnson v. Santini et al

Filing 44

ORDER denying as moot 41 Motion for Extension of Time to File ; denying 27 Motion for Summary Judgment. Scheduling Conference set for 9/29/2014 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. A copy will be mailed to the Case Manager for Joshua Johnson. By Magistrate Judge Boyd N. Boland on 9/2/2014.(trlee, )

IN THE UNITED STATE DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-02664-REB-BNB
JOSHUA C. JOHNSON,
Plaintiff,
v.
GEORGE SANTINI,
ALICIA VINYARD,
T. K. COZZA RHODES, and
PETER BLUDWORTH,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following:
(1) Defendants’ Motion for Summary Judgment [Doc. #27, filed 04/30/2014]; and
(2) Plaintiff’s Motion for an Extension of Time and Assistance with Obtaining his
Medical Records [Doc. #41, filed 08/21/2014].
The Defendants’ Motion for Summary Judgment is DENIED WITHOUT PREJUDICE,
and the plaintiff’s Motion for Extension of Time is DENIED AS MOOT.
The plaintiff filed his First Amended Prisoner Complaint on November 22, 2013 (the
“Complaint”). He asserts three claims for deliberate indifference to his medical needs. The
defendants waived service, and their response to the Complaint was due on February 6, 2014.
Order Issued February 24, 2014 [Doc. #17]. The defendants did not file a response on or before
February 6, 2014. On February 24, 2014, I ordered the defendants to file a responsive pleading
on or before March 3, 2014. On March 5, 2014, I granted the defendants an extension of time

until March 31, 2014 to answer or otherwise respond to the Complaint. On March 30, 2014, the
defendants filed their motion for summary judgment which challenges the plaintiff’s claims on
the merits. The defendants have not filed an answer.
On August 21 and 28, 2014, the plaintiff requested an extension of time to respond to the
summary judgment motion because he does not possess all of the documents necessary to
respond to the motion.
IT IS ORDERED:
(1) Defendants’ Motion for Summary Judgment [Doc. #27] is DENIED WITHOUT
PREJUDICE;
(2) Plaintiff’s Motion for an Extension of Time and Assistance with Obtaining his
Medical Records [Doc. #41] is DENIED AS MOOT;
(3) The defendants shall file an answer to the Complaint on or before September 11,
2014;
(4) A preliminary Scheduling Conference is set for September 29, 2014, at 10:00 a.m.,
in Courtroom A-401, Fourth Floor, Alfred A. Arraj Courthouse, 901 19th Street, Denver,
Colorado. The parties need not comply with the requirements of Fed. R. Civ. P. 16 and D.C.
COLO.LCivR 16.2. The purpose of the initial conference is to consider the nature and status of
the case; the timing for filing of any motions; and what discovery, if any, will be needed. The
plaintiff and his case manager shall contact the court at [phone] at the designated date
and time in order to participate;
(5)
The Clerk of the Court is directed to serve a copy of this Order by United States
mail, first class postage prepaid, to:
CASE MANAGER FOR JOSHUA C. JOHNSON, #16158-006
2

SPRINGFIELD MEDICAL CENTER/FEDERAL PRISONERS
P. O. BOX 4000
SPRINGFIELD, MO 65801
Dated September 2, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

3