Birman v. Berkebile et al

Filing 38

ORDER denying without prejudice 29 Motion for Permission to Amend Civil Right Complaint to Include Additional Defendant; denying 31 Motion for Default Judgment. By Magistrate Judge Kristen L. Mix on 9/25/2014. (Attachments: # 1 Attachment 1)(alowe)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

KRISTEN L. MIX
UNITED STATES MAGISTRATE JUDGE

Byron G. Rogers United States Courthouse
1929 Stout Street
Denver, Colorado 80294
Phone[phone]
FAX [phone]

Effective December 1, 2009
Dear Incarcerated Pro Se Litigant:
The purpose of this letter is to make you aware of some of the rules and practices
followed in this Court, so that you are better prepared to represent yourself in your pending
litigation.
1.

If your mailing address changes while your case is pending, you must provide the
Clerk’s office with your new address. Send it to: Clerk of the United States District
Court, 901 19th St., Denver, CO 80294.

2.

You must appear by telephone or video conference for all conferences and hearings
in your case. Prison officials at the facility where you are incarcerated will arrange
for your telephone or video appearance for scheduled hearings. If you refuse to
participate in a scheduled hearing, the Judge can impose monetary or non-monetary
sanctions on you, including dismissal of your case.

3.

The Judge is not allowed to talk to you about your case except in the presence of
the other attorneys and/or parties. The only time when the Judge can speak to you
alone is during a settlement conference. IF a settlement conference is scheduled,
you will receive a written order setting it for a particular date and time.

4.

The Judge is not allowed to take your telephone calls and will not make any
decisions about your case on the basis of those calls.

5.

If you want the Judge to do something in your case, you must file a motion asking
the Judge to do it and explaining why you want it done. The Judge does not
respond to letters or any other form of request except motions.

6.

When another party or an attorney files a motion, you have twenty-one (21) days to

file a written response to it. If you don’t file your response within twenty-one (21)
days, the Judge will decide the motion without the benefit of your point of view.
7.

If you use abusive, offensive, obscene or inappropriate language in any document
you file with the Court, the Judge may strike your document and refuse to consider
it.

8.

If you need additional time to complete something for which the Judge has set a
deadline, you must file a motion before the deadline expires asking for a specific
amount of additional time and explaining why you need it.

9.

Unless your case or your personal circumstances are very unusual, the Judge
cannot appoint an attorney to represent you in your case. If you want to ask the
Judge to appoint an attorney for you, you must file a motion and explain your
unusual circumstances.

10.

The Judge and her law clerks are not allowed to give you legal advice.

11.

There are two sets of formal rules that apply to cases in this Court: (1) the Federal
Rules of Civil Procedure and (2) the Local Rules for the United States District Court
for the District of Colorado. Copies of both are available through the Clerk’s Office
at the Alfred A. Arraj United States Courthouse, 901 19th St., Denver, CO 80294.

12.

Even though you don’t have a lawyer representing you in your case, you are
required to follow the Rules identified in paragraph 11 above. Failure to follow the
rules and/or failure to follow Court orders may result in the Judge ordering you to
pay money to the other parties or dismissing your case.

13.

Even though you don’t have a lawyer representing you, you are required to
participate in the ordinary events associated with being a party to a lawsuit, like
discovery, court hearings, and trial. If you fail to do so, the Judge may order you to
pay money to other parties or dismiss your case.

If you have questions about these rules and practices, please ask them at the
Scheduling Conference. Thank you.