HomeMy WebLinkAbout2017CV884 - CHAYCE ANDERSON V. FCPS OFFICER JASON SHUTTERS - 026 - MINUTE ORDERIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 17-cv-00884-STV
CHAYCE AARON ANDERSON,
Plaintiff,
v.
JASON SHUTTERS,
Defendant.
MINUTE ORDER
Entered By Magistrate Judge Scott T. Varholak
This case matter is before the Court upon its review of Plaintiff’s letter to the
Court dated July 22, 2017. [#25] In the letter, Plaintiff states that he has undergone
eight separate facility transfers and, as a result, does not appear to have received all of
the legal mail sent to him by the Court. [Id. at 3] Specifically, Plaintiff contends that he
has not received notice of (1) the Court’s receipt of his amended complaint; (2) any
order following the Court’s initial review of the amended complaint; and (3) any ruling
from the Court on Defendant’s second motion for the appointment of counsel. Plaintiff’s
letter also requests copies of the Court’s template for the joint proposed scheduling
order and instructions and the Election Concerning Consent/Non-Consent to United
States Magistrate Judge Jurisdiction form.
The Court confirms that Plaintiff’s Amended Complaint was received by the Court
and docketed with the date May 10, 2017. [#9] On July 3, 2017, the Court denied
Plaintiff’s second motion for the appointment of counsel as premature. [#16] On July 6,
2017, Judge Babcok, pursuant to 28 U.S.C. § 1915A, issued an order dismissing certain
of the claims asserted in the amended complaint, including all claims against Cara
Boxberger and Mark Delano, and drawing the case to a presiding judge for the
remaining claims. [#17]
In addition, Plaintiff contends that, to the extent certain parties and/or claims
were dismissed from his amended complaint, Plaintiff “should be afforded a fair and
equal opportunity to amend the [Amended Complaint] . . . to address any issues before
any Defendants are removed from the suit. [#25 at 3] To the extent Plaintiff wishes to
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file a further amended complaint, Plaintiff must file a motion for leave to amend his
complaint pursuant to Federal Rule of Civil Procedure 15 and should attach as an
exhibit to any such motion a copy of his proposed amended pleading.
IT IS ORDERED that the Clerk of Court shall mail a copy of the following
documents to Plaintiff:
1. The docket sheet;
2. Minute Order, dated July 3, 2017 [#16];
3. Order to Dismiss in Part and to Draw Case, dated July 6, 2017 [#17];
4. the template joint proposed scheduling order and instructions, available from the
Court’s website;
5. the Election Concerning Consent/Non-Consent to United States Magistrate
Judge Jurisdiction form, available from the Court’s website; and
6. a copy of this Order.
.
DATED: July 28, 2017 BY THE COURT:
s/Scott T. Varholak__________
United States Magistrate Judge
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