Free Order - District Court of Colorado - Colorado

Case 1:01-cv-02299-PSF-BNB

Document 246

Filed 11/02/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Phillip S. Figa Civil Action No. 01-cv-02299-PSF-BNB F. DAVID SLUSHER Plaintiff, v. JOHN W. SUTHERS, JOSEPH T. McGARRY, DONALD R. LAWSON, FRANK E. RUYBALID, EDD C. GILLESPIE, JUDY JO BULLARD, TEDDY LAMAR LAURENCE, PHYLLIS P. GRISWOULD, MR. DELAYNE TORNOWSKI, JIM DAY, TAMI WILLIAMS, RICHARD E. HOWARD, and TREVOR WILLIAMS, Defendants.

ORDER ON PLAINTIFF' MOTION TO RECONSIDER S ORDER OF OCTOBER 17, 2005

This matter comes before the Court on plaintiff' pleading captioned " s Motion to Reconsider Order of 10-17-05" (Dkt. # 245), filed October 31, 2005. The Court finds no reasons set forth in the motion to cause the Court to reconsider at this time its Order of October 17, 2005 (Dkt. # 239), which denied plaintiff' request for appointment of s counsel. Therefore that aspect of the motion is DENIED.

Case 1:01-cv-02299-PSF-BNB

Document 246

Filed 11/02/2005

Page 2 of 2

However, while plaintiff characterizes his filing as a motion to reconsider this Court' Order of October 17, 2005, the present motion also appears to contain a s request for leave to take depositions. Such a request is properly addressed, in the first instance, to the Magistrate Judge. This is particularly appropriate in this case since a motion for summary judgment is presently pending before the Magistrate Judge, and because the Magistrate Judge is more familiar than the undersigned with the discovery efforts undertaken in this case. The references in the October 17, 2005 Order to the expiration of the discovery period and the fact that no depositions were taken by plaintiff while he could have done so were simply reasons militating against appointment of counsel. Such statements were not rulings on any discovery request or objection that could be the subject of a reconsideration motion. Accordingly, plaintiff' filing (Dkt. # 245) is referred for decision to the Magistrate s Judge, to the extent it is deemed a request to take depositions. DATED: November 2, 2005. BY THE COURT: s/ Phillip S. Figa ________________________________ Phillip S. Figa United States District Judge

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