Opinion
Civil Action No. 08-cv-01182-BNB.
July 23, 2008
ORDER
On July 16, 2008, Plaintiff Allen Russel, filed a pro se pleading title "Objection in Opposition in Part to the Court's Application and Orders Issued July 7, 2008." The Objection, like Mr. Russel's Complaint, fails to comply with the pleading requirements of Rule 8 of the Federal Rules of Civil Procedure. It does appear, however, by the title of the pleading that Mr. Russel is objecting to Magistrate Judge Boyd N. Boland's July 7, 2008, Order directing Mr. Russel to amend his Complaint. For the reasons stated below, the Objection will be construed as filed pursuant to 28 U.S.C. § 636(b)(1)(A) and will be overruled.
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. The Court has reviewed the file and finds that Magistrate Judge Boland's July 8, 2008, Order is not clearly erroneous or contrary to law. As explained by Magistrate Judge Boland, Plaintiff must comply with Rule 8. He also must assert what each Defendant did to violate his rights in keeping with Nasious v. Two Unknown B.I.C.E. Agents, 492 F.2d 1158, 1163 (10th Cir. 2007). Furthermore, Mr. Russel also must submit his claims on a Court-approved form. Mr. Russel's Objection is without merit and as stated above will be overruled. Accordingly, it is
ORDERED that Plaintiff's "Objection in Opposition in Part to the Court's Application and Orders Issued July 7, 2008," is construed as an Objection filed pursuant to 28 U.S.C. § 636(b)(1)(A) and is overruled. It is
FURTHER ORDERED that Plaintiff shall have thirty days from the date of this Order to comply with the July 8, 2008, Order.