Free Order Referring Case to Magistrate Judge - District Court of Colorado - Colorado

Case 1:04-cv-00087-EWN-CBS

Document 38

Filed 04/05/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Edward W. Nottingham Civil Action No. 04­ 87 (CBS) N­

ROBERT D. GANDY, Plaintiff, v. JOE ORTIZ, Director, et al., Defendants.

GENERAL ORDER OF REFERENCE TO UNITED S TATES MAGIS TRATE JUDGE (INCLUDING DIS POS ITIVE MOTIONS ) EDWARD W. NOTTINGHAM , Judge Stacy L. Steinbrecher, Secretary It appears to the court that this is a proper case for general referral to a United States magistrate judge. It is therefore ORDERED as follows: 1. Pursuant to 28 U.S.C. § 636(b)(1)(A) and D.C.COLO.LCivR 72.1, United States M agistrate Judge Craig B. Shaffer is hereby designated to hear and determine any pretrial matter which has been or will be presented in this case, except any motion to award injunctive relief, to grant judgment on the pleadings, to grant summary judgment, to dismiss the entire action involuntarily, or to dismiss or permit maintenance of a class action. I will review the magistrate judge's determinations made under this paragraph in accordance with the procedures and standards set forth in section 636(b)(1)(A).

Case 1:04-cv-00087-EWN-CBS

Document 38

Filed 04/05/2005

Page 2 of 3

2. Pursuant to 28 U.S.C. § 636(b)(1)(B) and D.C.COLO.LCivR 72.1, United States M agistrate Judge Craig B. Shaffer is hereby designated to conduct hearings and to submit to me proposed recommendations for my disposition of any motion (whether filed before or after entry of this order) to award injunctive relief, to award judgment on the pleadings, to grant summary judgment, or to dismiss the entire action involuntarily. I will review the magistrate judge's determinations made under this paragraph in accordance with the procedures and standards set forth in 28 U.S.C.A. § 636(b)(1)(B). At the time the magistrate judge makes his/her determination, he/she shall specifically advise the parties concerning the procedures for further review required by 28 U.S.C.A. § 636(b)(1)(B). In handling motions for summary judgment, the parties shall follow, and the magistrate judge shall enforce, the rules for such motions set forth in my Practice Standards -- Civil, including the " SPECIAL INSTRUCTIONS CONCERNING M OTIONS FOR SUM M ARY JUDGM ENT." 3. The designation made in paragraphs 1 and 2 is intended, for example, to include the following authority: (a) to hold discovery, scheduling, and planning conferences, pursuant to rules 16 and 26 of the Federal Rules of Civil Procedure, and issue orders in connection therewith; (b) to hold other pretrial conferences, pursuant to rule 16 of the Federal Rules of Civil Procedure, and issue orders in connection therewith; (c) to hold settlement conferences pursuant to rule 16(c)(9) of the Federal Rules of Civil Procedure, and issue orders in connection therewith; (d) to establish deadlines for filing, briefing, and hearing all motions, including dispositive motions. -2-

Case 1:04-cv-00087-EWN-CBS

Document 38

Filed 04/05/2005

Page 3 of 3

4. Plaintiff shall serve all defendants, in the manner specified by rule 4 of the Federal Rules of Civil Procedure, as soon as possible so that the case may progress without unnecessary delay. 5. On or before October 3, 2005, the magistrate judge will submit one of the following: (a) A recommendation which will completely dispose of the case in this court; or (b) A brief status report concerning proceedings had and contemplated before him/her. Dated: April 5, 2005

I hereby certify that a copy of this Order was served on April ___, 2005 by hand-delivery, where a " D.C."box number or asterisk (*) is indicated after the recipient' name, by electronic s mail to the electronic mail address specified where a double asterisk (**) is indicated after the recipient' name, or otherwise by depositing it in the United States mail, postage prepaid, s addressed to the recipient: M agistrate Judge Craig B. Shaffer* Robert D. Gandy Reg. No. 50147 P.O. Box 1000 Crowley, CO 81034 Pro Se Plaintiff

GREGORY C. LANGHAM , CLERK

By Secretary or Deputy Clerk

-3-