Free Order on Motion to Compel - District Court of Colorado - Colorado

Case 1:04-cr-00407-REB

Document 134

Filed 01/29/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00407-REB-KLM Civil Action No. 07-cv-02446-REB

UNITED STATES OF AMERICA, Plaintiff-Respondent, v. BRETT FLOYD YEOMANS, Defendant-Movant. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ORDER ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Defendant-Movant's Motion to Compel Bureau of Prison Officials to Provide Access to Unpublished Cases Decided After January 1, 2007 [Docket No. 131; Filed January 28, 2008] ("Motion No. 131"); and Defendant-Movant's Notice of Intent to Reply to Government's Response to Defendant's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 [Docket No. 132; Filed January 28, 2008]. Although not captioned as a motion, the Court treats Defendant-Movant's "Notice" as a Motion for an Extension of Time to Reply ("Motion No. 132"). IT IS HEREBY ORDERED that Motion No. 131 is GRANTED in part and DENIED in part. To the extent Defendant-Movant requests the Court to compel Bureau of Prison officials, who are nonparties, to provide him caselaw, the motion is denied. To the extent Defendant-Movant requests access to the unpublished decisions cited by Plaintiff-

Case 1:04-cr-00407-REB

Document 134

Filed 01/29/2008

Page 2 of 2

Respondent in the Government's Response to Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [Docket No. 128], the motion is granted. Pursuant to D.C. Colo. L. Civ. R. 7.1D, "[i]f an

unpublished opinion is cited, a copy of the opinion must be attached to the motion, response, or reply in which it is cited." Although Plaintiff-Respondent filed its Response in the criminal matter, the motion is akin to that filed in a civil habeas matter. Indeed, the case is also pending under a civil action number. See Rule 11 of the Rules Governing § 2254 Cases; Fed. R. Civ. P. 81(a)(2). As such, Plaintiff-Respondent shall provide Defendant-Movant with copies of every unpublished opinion (regardless of date) cited in its Response on or before February 6, 2008. IT IS HEREBY ORDERED that Motion No. 132 is GRANTED. Defendant-Movant shall file his Reply to Plaintiff-Respondent's Response to Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody on or before February 22, 2008. Defendant-Movant is instructed that any pleading seeking relief from the Court in the future must be captioned as a "Motion." See Fed. R. Civ. P. 7(b)(1) ("An application to the court for an order shall be by motion . . ."); D.C. Colo. L. Civ. R. 7.1C.

Dated: January 29, 2008

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