Opinion
Civil Action No. 20-cv-02411-CMA-MEH
04-19-2021
EUGENE F. MARTINEZ, JR., Plaintiff, v. MRS. MITZEL, MRS. CIARLO, MR. HECKMAN, LIEUTENANT ATCHERSON, SGT. PRIETO, C/O KENITZER, CAPTAIN TURNER, C/O BROOK VAUGH, C/O MANUEL GARCIA, CAPTAIN S. MARTINEZ, LIEUTENANT B. HUNSAKER, SGT. LISA MUELLER, C/O JOSIAH, C.S.P. NURSE ANDREIS, C. ESTEP, MR. DEAN WILLIAMS, MICHELLE BRODEUR, MRS. JOY HEART, MR. JARED POLIS, THE COLORADO DEPARTMENT OF CORRECTIONS, MRS. J. HUFF, MR. J. LONG, MRS. V. NIERA, MR. J. WILLEY, MRS. M. HOTZ, MRS. BOWMAN, L.T. J. QUINNLEN, LT. WINGERT, CAPTAIN DORCEY, C/O TORRES PARD, C/O ANTHONY MORENO, C/O RITTENHOUSE, B. ROMERO, MR. J. JOHNSON, SGT. WHITE, B. HAGAN, THE WHOLE OF C-S-P CLASSIFICATION COMMITTEE, SGT APRIL SAUCEDO, SGT VASQUEZ, JOHANNA KENNEDY, C-S-P WARDEN LITTLE, C-S-P WARDEN OR ASSOCIATE WARDEN MR. LISAC, C-S-P DR. SOTO, and C-S-P MRS. DALTON, Defendants.
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Michael E. Hegarty, United States Magistrate Judge.
Before the Court are Plaintiff's "Motion Requesting to Spe[a]k to the Court" (ECF 77) and Amended Complaint (ECF 79). As an initial matter, Plaintiff's "Motion" does not request relief from the Court, despite its title suggesting otherwise. In the "Motion," Plaintiff indicates that he only just recently received this Court's order extending the time to file his Amended Complaint. See ECF 74. He thanks the Court for the extension and indicates that he would be putting the Amended Complaint in the mail "ASAP." Because he does not seek relief from the Court, the Court directs the Clerk of the Court to terminate Plaintiff's "Motion" [filed April 15, 2021; ECF 77] as a motion.
As to the Amended Complaint, the Court recognizes a recent issue in mail getting to Plaintiff (see ECF 75) and, as a result, sua sponte extends the time for Plaintiff to submit his amended pleading to April 15, 2021. Therefore, the Court accepts the Amended Complaint as filed. The Court directs the Clerk of the Court to adjust the case caption accordingly.
For context, on December 17, 2020, the Court held a status conference with the parties in which Plaintiff indicated that he wished to administratively close this case so that he could focus exclusively on an older pending matter in which he is represented by counsel. ECF 58. Before doing so, though, Plaintiff wanted to submit an amended pleading. The Court agreed to stay this case pending the filing of Plaintiff's Amended Complaint. After a somewhat lengthy delay in getting access to enough paper to write the pleading, Plaintiff finally submitted his Amended Complaint. Accordingly, the Court respectfully recommends that Judge Arguello deny as moot the pending motion to dismiss [filed November 18, 2020; ECF 32] and administratively close this case.
Be advised that all parties shall have fourteen (14) days after service hereof to serve and file any written objections in order to obtain reconsideration by the District Judge to whom this case is assigned. Fed. R. Civ. P. 72. The party filing objections must specifically identify those findings or recommendations to which the objections are being made. The District Court need not consider frivolous, conclusive or general objections. A party's failure to file such written objections to proposed findings and recommendations contained in this report may bar the party from a de novo determination by the District Judge of the proposed findings and recommendations. United States v. Raddatz, 447 U.S. 667, 676-83 (1980); 28 U.S.C. § 636(b)(1). Additionally, the failure to file written objections to the proposed findings and recommendations within fourteen (14) days after being served with a copy may bar the aggrieved party from appealing the factual findings and legal conclusions of the Magistrate Judge that are accepted or adopted by the District Court. Duffield v. Jackson, 545 F.3d 1234, 1237 (10th Cir. 2008) (quoting Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991)). --------
Respectfully submitted this 19th day of April, 2021, at Denver, Colorado.
BY THE COURT:
/s/
Michael E. Hegarty
United States Magistrate Judge