Mallett v. Law et al

Filing 34

MINUTE ORDER granting in part and denying in part 30 plaintiff's Motion to Add Parties. The motion is granted to the extent that the claims against unserved defendants Russell Krist and N. Lee are dismissed, and defendants Krist and Lee sh all be removed from the caption. The motion is denied to the extent that plaintiff shall not be permitted to add two defendants. Order to Show Cause 28 is vacated; the Show Cause Hearing 4/14/2014 09:30 AM is vacated. Scheduling Conference remains set 4/14/2014 09:30 AM. By Magistrate Judge Michael J. Watanabe on 3/11/2014.(mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02676-CMA-MJW
DAWANE ARTHUR MALLETT,
Plaintiff(s),
v.
DAVID OWEN LAW, Correctional Officer,
A. BALSICK, Correctional Officer,
N. LEE, Correctional Officer,
G. SANDUSKY, Correctional Officer, and
RUSSELL KRIST, ADX Captain,

Defendant(s).
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that substantially for the reasons stated in the Response
(Docket No. 33), the plaintiff’s Motion to Add Parties (Docket No. 30) is granted in part
and denied in part as follows.
The motion is granted to the extent that the claims against unserved defendants
Russell Krist and N. Lee are dismissed, and defendants Krist and Lee shall be removed
from the caption.
The motion is denied to the extent that plaintiff shall not be permitted to add two
defendants. Plaintiff seeks to add a new claim against two new defendants concerning
a sexual assault upon plaintiff that allegedly occurred on January 30, 2014. This
proposed claim is not brought against any of the remaining defendants. Furthermore, it
does not arise out of the same occurrences underlying the claims remaining in this
action, which concern allegations that plaintiff was denied meals at various times. In
sum, plaintiff seeks to add two new defendants regarding an unrelated incident
occurring after this action was commenced, which will not be permitted. Such a claim is
more properly raised in a separate action after plaintiff exhausts his administrative
remedies.
Based upon the above, it is further ORDERED that the Show Cause Hearing set
on April 14, 2014, at 9:30 a.m., which concerned plaintiff’s failure to serve defendants
Lee and Krist and failure to prosecute his claims against them, is VACATED. The

Scheduling Conference, however, remains set on April 14, 2014, at 9:30 a.m.
Date: March 11, 2014