HomeMy WebLinkAbout2017CV884 - CHAYCE ANDERSON V. FCPS OFFICER JASON SHUTTERS - 069 - 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 matter is before the Court on [67] Plaintiff’s Notice. Through the Notice,
Plaintiff notifies the Court that, on January 9, 2018, Plaintiff was transferred from the
Arkansas Valley Correctional Facility to the Larimer County Jail, and that Plaintiff will
return to the Arkansas Valley Correctional Facility the week of January 22, 2018. [#67]
Plaintiff further states that he has not received any response from the Court regarding
his Motion for Leave to File a Second Amended Prisoner Complaint [#50] (the “Motion
for Leave”). [Id.]
On December 13, 2017, this Court issued an Order granting Plaintiff’s Motion for
Leave and directed the Clerk of Court to enter the proposed Second Amended Prisoner
Complaint that Plaintiff attached to the Motion for Leave. [#60] The Second Amended
Prisoner Complaint was then entered into the docket. [#61] In addition to granting the
Motion for Leave, this Court sua sponte recommended that certain of the claims
asserted in the Second Amended Complaint be dismissed pursuant to 28 U.S.C. §
1915(e)(2). [#60] On January 3, 2018, Judge Arguello issued an Order adopting this
Court’s Recommendation and dismissing with prejudice Claims Three, Four, and Six in
the Second Amended Prisoner Complaint and also dismissing with prejudice Claim Five
as asserted against Defendant Boxberger. [#66]
On December 28, 2017, Defendant Shutters moved to dismiss the Second
Amended Prisoner Complaint (the “Motion to Dismiss”). [#63] Pursuant to
D.C.COLO.LCivR 7.1(d) and Federal Rule of Civil Procedure 6(d), Plaintiff’s response to
the Motion to Dismiss is due on January 22, 2018. As of the filing of this Minute Order,
no response to the Motion to Dismiss has been received by the Court.
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Given Plaintiff’s multiple transfers between facilities and representation that he
has not received any response from the Court to the Motion for Leave, IT IS
ORDERED:
(1) The Clerk of Court is directed to send a copy of this Minute Order, along with
copies of the docket sheet and Docket Nos. 60, 61, 63 (with accompanying
exhibits) and 66, to Plaintiff at both the Arkansas Valley Correctional Facility
and the Larimer County Jail; and
(2) The deadline for Plaintiff to respond to Defendant Shutter’s Motion to Dismiss
[#63] is extended until February 15, 2018.
DATED: January 22, 2018 BY THE COURT:
s/Scott T. Varholak__________
United States Magistrate Judge
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