Williams-Berrien v. Wilson et al

Filing 29

MINUTE ORDER; 24 Unopposed Motion to Withdraw is GRANTED. 23 Unopposed Motion for Leave to Appear by Telephone for the Scheduling Conference on September 17, 2015 is DENIED as moot. Scheduling Conference set for 9/17/2015 11:00 AM is VACATED and RESET to 12/22/2015 11:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. Plaintiff and his/her case manager shall contact the court at: (303) 335-2770 on the above date and time in order to participate, by Magistrate Judge Kristen L. Mix on 9/9/15. (Attachments: # 1 Attachment 1)(morti, )

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO KRISTEN L. MIX UNITED STATES MAGISTRATE JUDGE Alfred A. Arraj United States Courthouse 901 19th Street Denver, Colorado 80294 Phone (303) 335-2770 Effective February 26, 2015 Dear Incarcerated Pro Se Litigant: The purpose of this letter is to make you aware of some of the rules and practices followed in this Court, so that you are better prepared to represent yourself in your pending litigation. 1. If your mailing address changes while your case is pending, you must provide the Clerk’s office with your new address. Send it to: Clerk of the United States District Court, 901 19th Street, Denver, CO 80294. 2. You must appear by telephone or video conference for all conferences and hearings in your case. Prison officials at the facility where you are incarcerated will arrange for your telephone or video appearance for scheduled hearings. If you refuse to participate in a scheduled hearing, the Judge can impose monetary or non-monetary sanctions on you, including dismissal of your case. 3. The Judge is not allowed to talk to you about your case except in the presence of the other attorneys and/or parties. The only time when the Judge can speak to you alone is during a settlement conference. IF a settlement conference is scheduled, you will receive a written order setting it for a particular date and time. 4. The Judge is not allowed to take your telephone calls and will not make any decisions about your case on the basis of those calls. 5. If you want the Judge to do something in your case, you must file a motion asking the Judge to do it and explaining why you want it done. The Judge does not respond to letters or any other form of request except motions. 1 6. When another party or an attorney files a motion, you have twenty-one (21) days to file a written response to it. If you don’t file your response within twenty-one (21) days, the Judge will decide the motion without the benefit of your point of view. 7. If you use abusive, offensive, obscene or inappropriate language in any document you file with the Court, the Judge may strike your document and refuse to consider it. 8. If you need additional time to complete something for which the Judge has set a deadline, you must file a motion before the deadline expires asking for a specific amount of additional time and explaining why you need it. 9. Unless your case or your personal circumstances are very unusual, the Judge cannot appoint an attorney to represent you in your case. If you want to ask the Judge to appoint an attorney for you, you must file a motion and explain your unusual circumstances. 10. The Judge and her law clerks are not allowed to give you legal advice. 11. There are two sets of formal rules that apply to cases in this Court: (1) the Federal Rules of Civil Procedure and (2) the Local Rules for the United States District Court for the District of Colorado. Copies of both are available through the Clerk’s Office at the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, CO 80294. 12. Even though you don’t have a lawyer representing you in your case, you are required to follow the Rules identified in paragraph 11 above. Failure to follow the rules and/or failure to follow Court orders may result in the Judge ordering you to pay money to the other parties or dismissing your case. 13. Even though you don’t have a lawyer representing you, you are required to participate in the ordinary events associated with being a party to a lawsuit, like discovery, court hearings, and trial. If you fail to do so, the Judge may order you to pay money to other parties or dismiss your case. If you have questions about these rules and practices, please ask them at the Scheduling Conference. Thank you. 2

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