Faircloth v. Corrections Corporation of America et al

Filing 140

ORDER by Magistrate Judge Kristen L. Mix on 8/18/15. Motion for Order of Injunction and T.R.O. to Defendant'(s)to [sic] Not Impede Access to the Court(s) and/or Combined Motion for Counsel in the Alternative # 137 is DENIED without prejudice.(lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00464-REB-KLM
JAMES FAIRCLOTH,
Plaintiff,
v.
CORRECTIONS CORPORATION OF AMERICA,
COLORADO DEPARTMENT OF CORRECTIONS,
RICK RAEMISCH, Executive Direction of CDOC, in his individual and official capacities,
DAVE HENNINGER, CEO of CCA, in his individual and official capacities,
Defendants.
________________________________________________________________________
ORDER
________________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Order of Injunction and
T.R.O. to Defendant’(s)to [sic] Not Impede Access to the Court(s) and/or Combined
Motion for Counsel in the Alternative [#137]1 (the “Motion”). On June 23, 2015, this case
was stayed through August 30, 2015, per Plaintiff’s request. See generally Order [#131].
In Plaintiff’s Petition for Stay of Proceedings to Consult With Attorney [#129] (the “Stay
Motion”), Plaintiff explained that he wanted time to consult with Elisabeth Owen, an attorney
with the Prisoners’ Justice League of Colorado. Stay Motion [#129] at 1. Plaintiff further
noted that he hoped that consulting with Ms. Owen would lead to either “a possible
resolution” of this and his other pending lawsuits or Ms. Owen’s agreement that she would
represent him in this case. Id. The Court granted the Stay Motion and ordered the case
stayed through August 30, 2015. See Order [#131] at 5. At that time, the Court ordered
Plaintiff to file a Status Report on or before August 30, 2015, “informing the Court: (1)
whether he has obtained representation and (2) whether he intends to move forward with
this lawsuit.” Id. The Court warned Plaintiff that “[f]ailure to comply with this Order may
result in the imposition of sanctions, including dismissal of this case.” Id. (emphasis
in original). This case remains stayed and no Status Report has been filed. Accordingly,
the Court will deny the Motion without prejudice.

1

“[#137]” is an example of the convention the Court uses to identify the docket number
assigned to a specific paper by the Court’s case management and electronic case filing system
(CM/ECF). The Court uses this convention throughout this Order.

1

IT IS HEREBY ORDERED that the Motion [#137] is DENIED without prejudice.
IT IS FURTHER ORDERED that in the Status Report mandated by the Court’s June
23, 2015 Order [#131], Plaintiff shall include a list of any motions he would like to file in this
action if the stay is lifted and explain, in one hundred words or less per motion, the reason
why he would like to file each motion listed.
Dated: August 18, 2015

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