Harding v. Raemisch et al

Filing 13

MINUTE ORDER denying 12 "Declaration and Motion to Strike Respondents' Pre-Answer Pursuant to Fed. R. Civ. P. 6(a)(1) and Rule 12(f)" by Magistrate Judge Gordon P. Gallagher on 3/2/16.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02774-GPG
LINDSAY T. HARDING,
Applicant,
v.
RICHARD F. RAEMISCH; and
CYNTHIA COFFMAN, Attorney General of the State of Colorado,
Respondents.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE GORDON P. GALLAGHER
On February 29, 2016, Applicant filed a “Declaration and Motion to Strike
Respondents’ Pre-Answer Pursuant to Fed. R. Civ. P. 6(a)(1) and Rule 12(f)” (ECF No.
12). Mr. Harding states in the Motion that if the Respondents filed a timely Pre-Answer
response, he did not receive it, and urges the Court to strike any Pre-Answer Response
filed after the court-imposed deadline. Respondents filed a Pre-Answer Response on
February 12, 2016. (ECF No. 11). The Certificate of Service attached to the document
indicates that a copy was mailed to Applicant at the Buena Vista Correctional Facility on
February 12, 2016. (Id. at 18). It is unclear why Applicant did not receive it.
The “Motion to Strike Respondents’ Pre-Answer Pursuant to Fed. R. Civ. P. 6(a)(1)
and Rule 12(f)” (ECF No. 12) is DENIED.
Respondents shall resend to Applicant a copy of the Pre-Answer Response within
5 days. Applicant shall have until March 28, 2016 to file a Reply.
Dated: March 2, 2016