Mallett v. Simpler et al

Filing 45

MINUTE ORDER denying 41 Motion to Substitute the Defendant Pursuant to Fed.R.Civ. Procedure 25(a)(1) and Motion for Voluntary Dismissal; denying 42 Motion to Request for Discoverable Items Pursuant to Fed.R.Civ. Procedure Rule 26(a)(1) and in Compliance with Court Order, by Magistrate Judge Michael J. Watanabe on 3/04/2015.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02323-CMA-MJW
DAWANE ARTHUR MALLETT,
Plaintiff,
v.
J. MUNOZ, Correctional Officer,
Defendants.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Plaintiff’s Motion to Substitute the Defendant
Pursuant to Fed. R. Civ. Procedure 25(a)(1) and Motion for Voluntary Dismissal
(Docket No. 41) is DENIED. Plaintiff has no authority to appoint a representative for
the estate of Defendant and, moreover, Defendant denies being dead.
It is further ORDERED that Plaintiff’s Motion to Request for Discoverable Items
Pursuant to Fed. R. Civ. Procedure Rule 26(a)(1) and in Compliance with Court Order
(Docket No. 42) is DENIED. Plaintiff makes no showing that any discovery request has
been served on Defendant, nor that Defendant has refused to provide properly
requested discovery.
Date: March 4, 2015