Free Status Report - District Court of Colorado - Colorado

Case 1:04-cv-01050-MSK-PAC

Document 46

Filed 10/28/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-1050-MSK-PAC NICKY SMITH-BEY, Plaintiff, v. CAPT. SCOTT GIBSON, SGT. PAYNE, SGT. JOSEPH BARNHILL, LISA FITZGERALD, JESSICA MEKELBURG, MICHAEL YONGER, Defendants.

DEFENDANTS' STATUS REPORT TO THE COURT

Pursuant to the magistrate judge's minute order of October 5, 2005 [Doc 44], Edward T. Farry, Jr., as counsel and on behalf of the defendants, in anticipation of the final pretrial conference set for November 3, 2005, submits the following status report: Status Report 1. The minute order setting the pretrial conference and scheduling deadlines prior to

the pretrial conference was filed October 5, 2005. Plaintiff received this order on October 7, 2005. [Exhibit A - Sterling Correctional Facility Mail Log] Contrary to the court's order, plaintiff did not provide the undersigned with his issues, witnesses, or evidence. Plaintiff has endorsed no witnesses or documents or evidence. 2. In accordance with the minute order, defendants' counsel prepared a proposed

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Case 1:04-cv-01050-MSK-PAC

Document 46

Filed 10/28/2005

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final pretrial order. The undersigned attempted to obtain plaintiff's approval and signature for submission to the court, however during a phone call with plaintiff and plaintiff's case manager to discuss the proposed pretrial order, plaintiff refused to speak or listen to undersigned. 3. This status report, therefore, advises the court that the defendants have complied

with the court's order, however the compliance lacked plaintiff's participation. Respectfully submitted October 28, 2005. FARRY and RECTOR, L.L.P. /s/ Edward T. Farry Edward T. Farry, Jr. #8273 Attorney for Walter Woods 131 South Weber Street Colorado Springs, CO 80903 Phone Number (719) 578-2000 Facsimile Number (719) 578-1794 Original copy signed by Edward T. Farry is on file with Farry and Rector, L.L.P.

CERTIFICATE OF SERVICE I hereby certify that on this 28th day of October, 2005, a true and correct copy of the foregoing was electronically filed with the Clerk of Court using CM/ECF system, which will send notification to the following, and served on each of the following at the indicated address by first class U.S. mail, postage prepaid: Nicky Smith-Bey DOC #98861 Centennial Correctional Facility P.O. Box 600 Canon City, CO 81215-0600 /s/ Kelly R. Moss Original Copy signed by Kelly R. Moss is on file with Farry and Rector, L.L.P.

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