Snyder v. Manguso et al

Filing 73

MINUTE ORDER: Denying without prejudice 71 Plaintiff's Motion for Inclusion of Defendant in his Official Capacity as Warden for Monetary and Injunctive Relief. On or before 11/13/2015, Counsel for Defendant is directed to file a Martinez report re: copies. By Magistrate Judge Michael J. Watanabe on 10/23/2015.(emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00591-RM-MJW
JOSEPH R. SNYDER,
Plaintiff,
v.
ROBERT MANGUSO,
RANDY LIND, and
RICK RAEMISCH,
Defendants.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Plaintiff’s Motion for Inclusion of Defendant in his
Official Capacity as Warden for Monetary and Injunctive Relief (Docket No. 71) is
DENIED WITHOUT PREJUDICE. This Court has no jurisdiction to impose monetary
relief on Mr. Lind in his official capacity, and he is already subject to the Complaint for
purposes of injunctive relief.
The Court notes that, in Plaintiff’s motion, Plaintiff recounts some difficulty in
being allowed to make the necessary copies to submit this motion to the Court with
substantiation. Counsel for Defendant is DIRECTED to file a Martinez report, see
Martinez v. Aaron, 570 F.2d 317 (10 th Cir. 1978), explaining (1) the Arkansas Valley
Correctional Facility’s rules and practices on making copies of legal papers, and (2) the
basis of any denials of Plaintiff’s copy requests. Counsel shall file this report on or
before November 13, 2015.
Date: October 23, 2015