Dawson v. Archambeau et al

Filing 34

MINUTE ORDER granting in part and denying in part 28 Motion to Stay, by Magistrate Judge Nina Y. Wang on 5/04/2016. Status Conference set for 5/11/2016 is VACATED. Plaintiff shall file a Response to Defendant Frickeys Motion to Dismiss 27 and Defendant Frickeys Motion for Reconsideration 29 on or before 6/01/2016.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00489-MSK-NYW
JAMES RALPH DAWSON, JR.,
Plaintiff,
v.
JEFF ARCHABEAU, the CEO of Colorado Health Partners,
C. IRELEND, FCF Health Providers,
T. SICOTTE,
R. FRICKEY, and
R. HAVENS,
Defendants.

MINUTE ORDER
Entered By Magistrate Judge Nina Y. Wang
This civil action comes before the court on Defendant Robert Frickey’s Motion to Stay
Discovery (“Motion to Stay”). [#28, filed May 1, 2016]. The matter was referred to this
Magistrate Judge pursuant to the Order Referring Case dated March 4, 2016 [#6] and
memorandum dated May 3, 2016 [#28].
Mr. Dawson, a pro se prisoner incarcerated at the Fremont Correctional Facility in Canon
City, Colorado, filed this lawsuit on February 25, 2016, pursuant to 42 U.S.C. § 1983 and 28
U.S.C. § 1343, asserting multiple constitutional violations arising from Defendants’ failure to
provide him with certain medication used to treat Hepatitis C. [#1]. On March 1, 2016, the court
granted Plaintiff leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. [#4]. In the
Motion to Stay, Defendant Frickey asks that the court vacate the May 11, 2016 Status
Conference and stay discovery pending resolution of his Motion to Dismiss [#27], which asserts
qualified immunity and, if granted, would dispose of the action as to Defendant Frickey.
Defendant Archabeau, the only other named Defendant who has been served in this matter, does
not oppose the Motion to Stay. Defendant Frickey has also filed a Motion to Reconsider the
Order granting Plaintiff leave to proceed in forma pauperis (“Motion for Reconsideration”). See
[#29].

IT IS ORDERED:
1. The Motion to Stay [#28] is GRANTED IN PART and DENIED IN PART;
2. The Status Conference set for May 11, 2016 is VACATED, to be reset by further
court order for a time at which this court will consider whether staying discovery as
to Defendant Frickey is appropriate; and
3. Plaintiff shall file a Response to Defendant Frickey’s Motion to Dismiss [#27] and
Defendant Frickey’s Motion for Reconsideration [#29] on or before June 1, 2016.

DATED: May 4, 2016