Rodriguez v. Wiley

Full title: CASEY BERNARD RODRIGUEZ, Plaintiff, v. WILEY, et al. Defendants

Court: United States District Court, D. Colorado

Date published: Jun 10, 2009

Civil Action No. 08-cv-02505-PAB-CBS (D. Colo. Jun. 10, 2009)

Opinion

Civil Action No. 08-cv-02505-PAB-CBS.

June 10, 2009

ORDER

CRAIG SHAFFER, Magistrate Judge

This civil action comes before the court on: (1) Mr. Rodriguez' "Motion for Leave to File Amended Complaint" (filed June 1, 2009) (doc. # 53); and (2) Mr. Rodriguez' "Notice of Errors and Request for Sanctions for and Correction of Defendants['] Response to Plaintiff's Motion for Injunctive Relief" (filed May 8, 2009) (doc. # 49) (docketed by the Clerk of the Court as "Motion for Sanctions"). Pursuant to the Order of Reference dated December 16, 2008 (doc. # 7) and the memoranda dated May 11, 2009 (doc. # 51) and June 2, 2009 (doc. # 54), these matters were referred to the Magistrate Judge. The court has reviewed the matters, the entire case file, and the applicable law and is sufficiently advised in the premises.

I. As Defendants have not yet filed a "responsive pleading," Mr. Rodriguez may amend his "pleading once as a matter of course." Fed.R.Civ.P. 15(a). On June 9, 2009, Defendants Wiley and Gladbach filed their Answer to the Amended Complaint. (See doc. # 55). The court will address service of the newly added Defendants in a separate Order.

II. In his request for sanctions, Mr. Rodriguez takes exception to what he calls "errors" in the Declaration of Defendant Allred, attached to "Defendants' Response in Opposition to Plaintiff['s] Motion for Injunctive Relief." ( See docs. # 46, # 46-2). Mr. Rodriguez' disagreement with the representations made in the Declaration of Defendant Allred and Defendants' Response in Opposition to Plaintiff's Motion for Injunctive Relief is duly noted as his Reply to Defendants' Response. Mr. Rodriguez' disagreement is not a proper basis for sanctions.

Accordingly, IT IS ORDERED that:

1. Mr. Rodriguez' "Motion for Leave to File Amended Complaint" (filed June 1, 2009) (doc. # 53) is GRANTED.

2. The proposed Amended Complaint (doc. # 53-2) is accepted for filing nunc pro tunc on June 1, 2009.

3. Mr. Rodriguez' "Notice of Errors and Request for Sanctions for and Correction of Defendants['] Response to Plaintiff's Motion for Injunctive Relief" (filed May 8, 2009) (doc. # 49) (docketed by the Clerk of the Court as "Motion for Sanctions") is DENIED as a motion and shall be treated as his Reply to Defendants' Response in Opposition to Plaintiff's Motion for Injunctive Relief (doc. # 46).