Bradley v. U.S. Federal Bureau of Prisons et al

Filing 27

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Status Conference held on 3/10/2014. Defendant John Doe, Unknown Persons is dismissed; Defendant name Nixon is corrected to Dr. Nixon Roberts. Granti ng in part and denying in part 26 Defendant Motion for Leave to File Motion for Summary Judgment Concerning Lack of Exhaustion of Administrative Remedies and Motion to Stay. Motion to Stay is denied; Motion for Summary Judgment is accepted for fil ing as of this date. Deadline for Plaintiff to respond to Motion for Summary Judgment is 4/1/2014. Deadline for Defendant(s) to respond to Plaintiff's Verified Emergency Motion forTemporary Restraining Order/and or Preliminary Injunction Pursuant toFed. R. Civ. P. 65 15 is 3/21/2014. Scheduling Conference set for 4/25/2014 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom A502. (mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No. 14-cv-00013-MSK-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

March 10, 2014

Counsel

Parties
MATTHEW BRADLEY,
#16474-045

Pro Se

(by telephone)

Plaintiff(s),
v.
U.S. FEDERAL BUREAU OF PRISONS (AGENCY),
MR. DAVID BERKEBILE, Warden ADX,
DR. NIXON ROBERTS, Dentist/ADX Florence, and
MR. PELTON, Health Services Administrator,

J. Benedict Garcia

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING: STATUS CONFERENCE
Court in session: 2:01 p.m.
Court calls case. Appearance of Pro Se plaintiff and defense counsel. At this time, Mr. Garcia
only represents the U.S. Federal Bureau of Prisons.
Status of the case is discussed.
Plaintiff makes an Oral Motion to Dismiss the John Doe, “Unknown Persons”. With no
objections from defense Bureau of Prisons,
It is ORDERED:

JOHN DOE, “Unknown Persons” is dismissed, deleted from the caption,
and the caption shall be corrected.

Mr. Garcia notes defendant identified as Mr. Nixon is more correctly identified as Dr. Nixon
Roberts. With no objection by the Plaintiff,
It is ORDERED:

The defendant’s name shall be corrected in the caption to indicate
DR. NIXON ROBERTS. All future filings shall reflect the corrected
caption.

In anticipation of referral of the Defendant U. S. Federal Bureau of Prisons’ Motion For Leave to
File Motion for Summary Judgment Concerning Lack of Exhaustion of Administrative Remedies
and Motion for Stay, the motion is discussed.

It is ORDERED:

Defendant U. S. Federal Bureau of Prisons’ MOTION FOR LEAVE TO
FILE MOTION FOR SUMMARY JUDGMENT CONCERNING LACK OF
EXHAUSTION OF ADMINISTRATIVE REMEDIES AND MOTION TO
STAY [Docket No. 26, filed March 07, 2014] is GRANTED IN PART
and DENIED IN PART.
That portion of the motion, MOTION TO STAY [Docket No. 26, filed
March 07, 2014 is denied without prejudice.
That portion of the motion, MOTION FOR LEAVE TO FILE MOTION
FOR SUMMARY JUDGMENT CONCERNING LACK OF EXHAUSTION
OF ADMINISTRATIVE REMEDIES [Docket No. 26, filed March
07,2014] is granted for reasons as set forth on the record.
The Motion for Summary Judgment shall be filed as of the date of this
Courtroom Minutes/Minute Order March 10, 2014.
The clerk of the Court is directed to file under a separate docket entry
number Attachment 26-2 and Attachment 26-3 as Defendant’s Motion
for Summary Judgment and an attachment.

Upon entry by the Clerk’s office of a separate Defendant’s Motion for Summary Judgment,
It is ORDERED:

Plaintiff shall have up to and including APRIL 01, 2014, to file his written
response to the Motion for Summary Judgment.

It is ORDERED:

Defendant(s) shall have up to and including MARCH 21, 2014 within
which to file written response to Plaintiff’s Verified Emergency Motion for
Temporary Restraining Order/and or Preliminary Injunction Pursuant to
Fed. R. Civ. P. 65 [Docket No. 15, filed February 05, 2014].

It is ORDERED:

A RULE 16(b) SCHEDULING CONFERENCE is set
APRIL 25, 2014 at 9:00 a.m.
in Courtroom A-502, Fifth floor, Alfred A. Arraj United States Courthouse,
901 19th Street, Denver, Colorado 80294.

Counsel/pro se parties in this case shall hold a pre-scheduling conference meeting and prepare
a proposed Scheduling Order. Parties shall file their proposed Scheduling Order on or before
APRIL 21, 2014. Plaintiff shall be reminded he is required to participate in the preparation of
the proposed Scheduling Order.
Counsel/pro se parties shall prepare the proposed Scheduling Order in accordance with the
form found in the forms section of the Court’s website at www.cod.uscourts.gov .
Defendant shall electronically file the proposed Scheduling Order as defense counsel has
electronic court filing privileges. Incarcerated individuals shall appear by telephone by calling
the Court at [phone] at the scheduled time.

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Anyone seeking entry into a United States Courthouse is required to show a valid current photo
identification. See D.C.COLO.LCivR 83.2. Failure to comply with this requirement may result in
denial of entry to the courthouse.

Pro Se plaintiff shall be reminded he is required to comply with all applicable Federal Rules of
Civil Procedure (Fed.R.Civ.P. ) and the Local Rules of Practice in the United States District
Court for the District of Colorado (D.C.COLO.LCivR.) and Federal Rules of Evidence (Fed. R. of
Evid.). The Pro Se plaintiff may obtain a copy of the United States District Court for the District
of Colorado Local rules of Practice on the court website www.cod.uscourts.gov or through the
office of the Clerk of the Court. Pro Se Plaintiff shall also be reminded that “ghost writing” is not
permitted.
HEARING CONCLUDES.
Court in recess: 2:24 p.m.
Total In-Court Time: 00:23

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