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Escobar v. Foster

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Jul 2, 2012
Civil Action No. 12-cv-00489-CMA-KLM (D. Colo. Jul. 2, 2012)

Opinion

Civil Action No. 12-cv-00489-CMA-KLM

07-02-2012

JOSE MEDINA ESCOBAR, Plaintiff, v. ASSOCIATE WARDEN S. FOSTER, DEPUTY DIRECTOR L. REID, MAJOR L. MALFELD, LIEUTENANT L. TRAVIS, LIEUTENANT TEDEMANN, LIEUTENANT BURKE, CAPTAIN PADILLA, CAPTAIN D. WILLIAMS, SERGEANT MARQUEZ, SERGEANT MONTGOMERY, SERGEANT KELEMAN, SERGEANT HAWKINS, SERGEANT FRETWELL, C/O CALDARONELLO, C/O P. ARCHULETA, C/O ALANIS, C/O AURITI, C/O SAUCIDO, C/O KITCHEN, C/O S. HARTUNG, C/O MONTANEZ, C/O B. TETRICK, and C/O VERSTEEGH, Defendants.


MINUTE ORDER

ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX

This matter is before the Court on the document titled "Plaintiff Motions the Court to Enter an Order for Any Relief it Deems Appropriate in the Matters Herein" [Docket No. 46; Filed June 29, 2012] (the "Motion"). In the Motion, Plaintiff recounts a series of factual allegations paralleling those in his Complaint, see but does not state a clear request for relief, and does not provide relevant legal authority in support of a request for relief. Plaintiff appears to indicate that he is unable to prosecute this lawsuit, but the regular pace of filings on the docket by Plaintiff belies this assertion. In any event, Plaintiff is no stranger to litigation in this District, and has amply demonstrated his ability to frame facts and to state clear requests for relief. E.g., Escobar v. Hachey, Case No. 11-cv-01443-CMA-KLM (voluntarily dismissed without prejudice); Escobar v. Huertas, Case No. 11-cv-00169-CMA-KLM (voluntarily dismissed without prejudice); Escobar v. Wright, Case No. 10-cv-02050-CMA-KLM (summary judgment entered in favor of defendants); Escobar v. Jones, Case No. 09-cv-02207-CMA-KLM (pending trial); Escobar v. No Defendants Named, Case No. 08-cv-01992-ZLW (dismissed without prejudice); Escobar v. Olivett, Case No. 06-cv-01222-CMA-KLM (dismissed sua sponte on the merits). Accordingly,

IT IS HEREBY ORDERED that the Motion is DENIED WITHOUT PREJUDICE

pursuant to D.C.COLO.LCivR 7.1C. and 7.1H. Should Plaintiff renew this Motion, he must state a clear request for relief and he must provide relevant legal authority in support of his request.


Summaries of

Escobar v. Foster

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Jul 2, 2012
Civil Action No. 12-cv-00489-CMA-KLM (D. Colo. Jul. 2, 2012)
Case details for

Escobar v. Foster

Case Details

Full title:JOSE MEDINA ESCOBAR, Plaintiff, v. ASSOCIATE WARDEN S. FOSTER, DEPUTY…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Jul 2, 2012

Citations

Civil Action No. 12-cv-00489-CMA-KLM (D. Colo. Jul. 2, 2012)