Brown v. Fed. Bureau of Prisons

Full title: TIMOTHY DEMITRI BROWN, Plaintiff, v. FEDERAL BUREAU OF PRISONS, UNITED…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Dec 7, 2012

Civil Action No. 11-cv-03191-WYD-BNB (D. Colo. Dec. 7, 2012)

Opinion

Civil Action No. 11-cv-03191-WYD-BNB

12-07-2012

TIMOTHY DEMITRI BROWN, Plaintiff, v. FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, and JOHN AND JANE DOES 1-20, Defendants.

Boyd N. Boland

Magistrate Judge Boyd N. Boland

ORDER

This matter arises on the following:

1. Plaintiff's Motion for Leave to File Surreply . . . . [Doc. #32, filed 06/13/2012], and

2. Plaintiff's Motion to Substitute [Doc. #40, filed 10/15/2012].

The plaintiff's request to file a sur-reply to the defendants' motion to dismiss is granted. The plaintiff also requests to substitute Warden D. Berkebile for John Doe No. 1 "as a respondent to plaintiff's petition for habeas corpus." By separate recommendation, I have recommended that insofar as the plaintiff's Complaint asserts a claim for habeas relief, the claim be dismissed. Accordingly, the plaintiff's request to substitute is denied as moot.

IT IS ORDERED:

1. Plaintiff's Motion for Leave to File Surreply . . . . [Doc. #32] is GRANTED, and

2. The Motion to Substitute [Doc. #40] is DENIED.

BY THE COURT:

Boyd N. Boland

United States Magistrate Judge