Birman v. Berkebile et al

Filing 78

MINUTE ORDER; 77 Motion for an Order Directing the Defendants to Comply with Fed. R. Civ. P. Rules Because They Failed To Do So is DENIED as moot. IT IS FURTHER ORDERED that the Clerk of Court shall mail a copy of the Motionto Consolidate 72 to Plaintiff, along with a copy of this Minute Order, at the address listed on the electronic docket, by Magistrate Judge Kristen L. Mix on 10/13/15.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00376-KLM
MICHAEL Y. BIRMAN,
Plaintiff,
v.
D. BERKEBILE, Warden,
MR. KIANG, ADX Pharmacist “LT” Commander,
MR. CORDOVA, Health Service Supervisor,
D. ALLRED, and
FEDERAL BUREAU OF PRISONS,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for an Order Directing the
Defendants to Comply with Fed. R. Civ. P. Rules Because They Failed To Do So [#77]
(the “Motion”). Plaintiff asserts that he did not receive a copy of Defendants’ Motion to
Consolidate and for Extension of Time to File a Responsive Pleading [#72] (the “Motion to
Consolidate”), and he requests a Court order requiring Defendants to comply with Fed. R.
Civ. P. 5. The Motion to Consolidate [#72] includes a Certificate of Service stating that the
Motion to Consolidate was mailed to Plaintiff on September 29, 2015, at the address the
Court presently has for delivery of all mail to Plaintiff. The Court has no reason to believe
that the Motion to Consolidate [#72] was not sent to Plaintiff as indicated by counsel for
Defendants. However, as a one-time courtesy, the Court will send to Plaintiff another copy
of the Motion to Consolidate [#72], which was ruled on by the Court on September 30,
2015. Minute Order [#75]. Plaintiff indicates that he received Minute Order [#75].
IT IS HEREBY ORDERED that the Motion [#77] is DENIED as moot. Defendants
are under a continuing obligation to comply with all of the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED that the Clerk of Court shall mail a copy of the Motion
to Consolidate [#72] to Plaintiff, along with a copy of this Minute Order, at the address listed
on the electronic docket.
Dated: October 13, 2015