Blackfeather v. Wheeler et al

Filing 36

MINUTE ORDER denying 35 Motion for Reconsideration of orders dismissing other cases because the request is not proper in this action; granting in part and denying in part 33 Motion for Extension of Time to File, and denying Plaintiff's request for extension of time in 32 letter because the letter does not comply with Rule 7 of the Federal Rules of Civil Procedure, by Magistrate Judge Gordon P. Gallagher on 01/06/15.(nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02566-GPG
MICAH BLACKFEATHER,
Plaintiff,
v.
CHRISTY WHEELER,
JASON KORN,
DAVID KENNEDY,
JOHN LEWELLYING,
EMILIA NORIEGA,
KELLY ADAMS,
TYLER ADAMS, and
MIGUEL FLORES,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE GORDON P. GALLAGHER
Plaintiff’s request for an extension of time to file an amended complaint, which he
makes in a letter to the court (ECF No. 32) filed on December 23, 2014, is DENIED
because the letter does not comply with Rule 7 of the Federal Rules of Civil Procedure.
Pursuant to Rule 7(b)(1), “[a] request for a court order must be made by motion.”
Furthermore, “[t]he rules governing captions and other matters of form in pleadings
apply to motions and other papers.” Fed. R. Civ. P. 7(b)(2).
Plaintiff’s motion (ECF No. 33) is GRANTED to the extent Plaintiff seeks an
extension of time of ten to twenty days to file an amended complaint and DENIED to the
extent he may be seeking some other relief. Plaintiff shall have up to and including
January 26, 2015, to file an amended complaint that complies with the court’s
September 29 order. The instant action will be dismissed without further notice if
Plaintiff fails to file an amended complaint as directed within the time allowed. Plaintiff
is advised that he is not required to submit evidence in support of his claims in the
amended complaint.
Plaintiff’s motion (ECF No. 35) requesting reconsideration of orders dismissing
other cases is DENIED because the request is not proper in this action.
Dated: January 6, 2015