Harvey v. Dent et al

Filing 70

MINUTE ORDER by Magistrate Judge Nina Y. Wang on 01/07/16 DENYING 68 Motion for Order. The Status Conference remains set for January 21, 2016, at 9:30 a.m. in Courtroom C-204, 2d Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado; Plaintiff and his case manager shall contact the court at [phone] on the above dateand at the designated time in order to participate. Court orders that a copy of this order be sent to defendant's Case Manager. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02174-RBJ-NYW
NATHANIEL J. HARVEY, III,
Plaintiff,
v.
SEARGENT [sic] GONZALEZ, individual and official, and
SEARGENT [sic] SCHMUTLER, individual and official,
Defendants.

MINUTE ORDER
Entered By Magistrate Judge Nina Y. Wang
This civil action is before the court on Plaintiff’s “Motion for Order/Notice of Change of
Address/Contact Information” (the “Motion). [#68, filed January 4, 2015]. Through this
Motion, Mr. Harvey informs the court that he has been transferred from Colorado State
Penitentiary to Fremont Correctional Facility, and asks that this court hold the January 21, 2016
Status Conference at the Fremont Correctional Facility. [#68]. The court does not travel, and
thus declines to grant Mr. Harvey’s Motion, noting also that a prisoner does not have an absolute
right to be present at his civil trial or pretrial proceedings. Hawkins v. Maynard, 89 F.3d 850, 1
(10th Cir. 1996) (citing Price v. Johnston, 334 U.S. 266, 285-86 (1948)).
IT IS ORDERED that:
1. The Motion [#68] is DENIED;
2. The Status Conference remains set for January 21, 2016, at 9:30 a.m. in Courtroom C204, 2d Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver,
Colorado; and
3. Plaintiff and his case manager shall contact the court at [phone] on the above date
and at the designated time in order to participate.
IT IS FURTHER ORDERED that a copy of this Order is to be sent to the following:
CASE MANAGER FOR

NATHANIEL JAMES HARVEY, III #130287
FREMONT CORRECTIONAL FACILITY
PO BOX 999
CANON CITY, CO 81215-0999

DATED: January 7, 2016