Free Status Conference - District Court of Colorado - Colorado

Case 1:01-cv-01315-REB-CBS

Document 64

Filed 08/10/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer

Civil Action No.: 01-cv-01315-REB-CBS Date: August 10, 2005

FTR - Reporter Deck, Crtrm A402 Courtroom Deputy, Ellen E. Miller

LEONARD BALDAUF

Pro Se

(by telephone)

Plaintiff(s), v. JOHN HYATT, et al Defendant(s). COURTROOM MINUTES HEARING: STATUS CONFERENCE Court in Session: 10:00 a.m. Court calls case. Appearance of Pro Se Plaintiff and Defense counsel. Discussion is held regarding the Order and Judgment issued by the Tenth Circuit. Mr. Ringel requests jurisdictional discovery primarily on two issues. One of when Mr. Baldauf was sentenced for the crimes for which he is currently incarcerated, noting that good time either vests or does not vest depending on the sentence date. Also, under the Colorado Code of Penal Discipline and the procedures from Colorado Department of Corrections, an inmate convicted of a COPD charge does not have the opportunity to obtain earned time for a certain period of time after the conviction. Therefore, Mr. Ringel notes he needs documentation found either in Mr. Baldauf' inmate file or s time computation records maintained by DOC about whether in fact the disciplinary convictions at issue had that affect in this instance. It is agreed Mr. Ringel will send two releases to Mr. Baldauf to obtain these records. Mr. Ringel states he will send a copy of the records he receives to Mr. Baldauf. With these documents and affidavits from DOC officials, Mr. Ringel notes it will probably not be necessary to depose the Plaintiff. Mr. Baldauf represents that he was sentenced September 11, 1998. Mr. Baldauf indicates no objection to executing the releases as soon as he receives them. Andrew D. Ringel

Case 1:01-cv-01315-REB-CBS

Document 64

Filed 08/10/2005

Page 2 of 2

It is ORDERED:

The BRIEFING SCHEDULING on jurisdictional issues raised by the Tenth Circuit Order and Judgment of January 26, 2005 is set Each side shall file a BRIEF no later than SEPTEMBER 12, 2005. Each side shall file a RESPONSE. NO REPLY by either side shall be filed.

HEARING CONCLUDED. Court in recess: 10:13 a.m. Total In-Court Time: 00:13