Opinion
Civil Action No. 11-CV-01898-BNB
08-15-2011
DAVID L. COLLINS, Secured Party Creditor, Plaintiff, named as Petitioner, v. THE PEOPLE OF THE STATE OF COLORADO, THE STATE OF COLORADO, and WARDEN v. EVERT, KCCC, Defendants, named as Respondents.
ORDER OVERRULING OBJECTION
This matter is before the Court on two documents submitted to and filed with the Court pro se by Plaintiff, David L. Collins. The documents are titled "Notice of Demur" (ECF No. 5) and "Request for Documents" (ECF No. 6), both filed on August 5, 2011.
The Court must construe Mr. Collins' filings liberally because he is a pro se litigant. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d1106, 1110 (10th Cir. 1991). However, the Court should not act as a pro se litigant's advocate. See Hall, 935 F.2d at 1110. The Court will construe the "Notice of Demur" (ECF No. 5) liberally as an objection filed pursuant to 28 U.S.C. § 636(b)(1)(A). For the reasons stated below, the objection will be overruled. The "Request for Documents" (ECF No. 6) is unintelligible and will be denied.
Pursuant to § 636(b)(1)(A), a judge may reconsider any pretrial matter designated to a magistrate judge to hear and determine where it has been shown that the magistrate judge's order is clearly erroneous or contrary to law.
In his liberally construed objection, Mr. Collins objects to Magistrate Judge Boyd N. Boland's order of July 28, 2011, requiring him to cure deficiencies. Magistrate Judge Boland's order of July 28 is neither clearly erroneous nor contrary to law. Therefore, Mr. Collins' liberally construed objection will be overruled.
Accordingly, it is
ORDERED that the document titled "Notice of Demur" (ECF No. 5), which the Court construed liberally as an objection filed pursuant to 28 U.S.C. § 636(b)(1)(A), is overruled. It is
FURTHER ORDERED that the document titled "Request for Documents" (ECF No. 6) is denied as unintelligible. It is
FURTHER ORDERED that Plaintiff continues to have thirty (30) days from the date of the July 28, 2011, order in which to cure the designated deficiencies. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies within the time allowed, the action will be dismissed without further notice.
DATED at Denver, Colorado, this 15th day of August, 2011.
BY THE COURT:
LEWIS T. BABCOCK
Senior Judge, United States District Court
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 11 -cv-01898-BNB David L. Collins
Prisoner No. 122803
Kit Carson Corr. Center
PO Box 2000
Burlington, CO 80807
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on August 15, 2011.
GREGORY C. LANGHAM, CLERK
By: __________
Deputy Clerk