Adams v. United States
MINUTE ORDER denying 35 Motion Requesting TheCourt to Cause ADMAX Staff To Abide To Section 28 CFR 540.21(d), by Magistrate Judge Michael J. Watanabe on 4/15/2016.(slibi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02629-WJM-MJW
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Plaintiff’s Amendment to Motion Requesting The
Court to Cause ADMAX Staff To Abide To Section 28 CFR 540.21(d) (Docket No. 35) is
The regulation provides for free postage for Plaintiff’s legal mail, if Plaintiff has
no funds. This means attorneys who are actually involved in Plaintiff’s legal matters –
not the Solicitor General or Attorney General of the United States. The regulation
plainly gives BOP discretion to impose reasonable restrictions on such abuses.
Plaintiff’s motion is therefore DENIED.
However, the Court notes that it might be inferred from the language toward the
end of Plaintiff’s motion (bottom of page 4) that Plaintiff has been prevented from
serving documents on AUSA Licht-Steenfat, counsel for Defendant in this matter. If this
is true, it may well be inappropriate. Nonetheless, Plaintiff also included a certificate of
service plainly attesting that this motion has been served on Mr. Licht-Steenfat.
Previous motions were similarly accompanied by certificates of service. Thus, at this
time, there appear to be no grounds for drawing such an inference. If, in fact, postage
has not been provided for serving copies of case documents on Mr. Licht-Steenfat,
Plaintiff may raise the matter with the Court at the May 10, 2016 scheduling conference
in this case.
Date: April 15, 2016
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