Morris v. Samuels et al

Filing 26

MINUTE ORDER; Plaintiff's 20 Motion to Correct the Record (which the Court construes as a "Motion to Clarify") is GRANTED to the extent outlined in this order. Given the dispositive nature of Plaintiffs request, the Court may not ru le on the Motion to Reconsider 22 until a Consent Form is filed in this case. On or before 10/14/2014, the parties shall file the Consent Form Pursuant to Pilot Program to Implement the Direct Assignment of Civil Cases to Full Time Magistrate Judge s, indicating whether all parties do or do notconsent to have a United States magistrate judge conduct all proceedings in this civil action, including trial, and to order the entry of a final judgment, by Magistrate Judge Kristen L. Mix on 9/12/14. (Attachments: # 1 Attachment #1, # 2 Magistrate Judge Consent Form Attachment #2)(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01296-KLM
KENNETH A. MORRIS,
Plaintiff,
v.
D. BERKEBILE, Florence ADX Warden,
CORDOVA, Assistant Medical Adminstrator,
HALL, Associate Warden, and
ALLRED, Clinical Director Doctor,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion to Correct the Record [#20]
(which the Court construes as a “Motion to Clarify”) and on Plaintiff’s Motion to
Reconsider [#22]. In the Motion to Clarify [#20], Plaintiff notes that Senior Judge Babcock
in the Order to Draw in Part and to Dismiss in Part [#16] at 3, stated that Plaintiff sought
injunctive relief for his four causes of action. Plaintiff wishes to clarify that he also seeks
damages in connection with his third and fourth claims. See Second Am. Compl. [#15] at
15. Because the third and fourth claims were not dismissed in whole or in part by Senior
Judge Babcock before the reassignment of the case to the undersigned, and because the
Second Amended Complaint clearly states that Plaintiff is seeking both injunctive and
monetary relief in connection with those claims, the Court assures Plaintiff that the mention
of only injunctive relief in Senior Judge Babcock’s Order to Draw in Part and to Dismiss in
Part [#16] in no way infringes on Plaintiff’s rights and claims in this lawsuit. Accordingly,
IT IS HEREBY ORDERED that the Motion to Clarify [#20] is GRANTED to the extent
outlined above.
In the Motion to Reconsider [#22], Plaintiff seeks a reconsideration of Senior Judge
Babcock’s Order to Draw in Part and to Dismiss in Part [#20]. Given the dispositive nature
of Plaintiff’s request, the Court may not rule on the Motion to Reconsider until a Consent
Form is filed in this case. Accordingly,

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IT IS HEREBY ORDERED that, on or before October 14, 2014, the parties shall
file the Consent Form Pursuant to Pilot Program to Implement the Direct Assignment of
Civil Cases to Full Time Magistrate Judges, indicating whether all parties do or do not
consent to have a United States magistrate judge conduct all proceedings in this civil
action, including trial, and to order the entry of a final judgment. The Consent Form and
further information is provided to the parties as an attachment to this Minute Order.

Dated: September 12, 2014

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