Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01077-CBS-PAC

Document 85

Filed 09/08/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action Number: 04-CV-01077-CBS-PAC STEPHEN JEROME GRACE, Plaintiff, v. DEPUTY SHERIFF APODOCA, DEPUTY SHERIFF HURDOR HORALD, NURSE LPN LISA, NURSE ASSISTANCE [sic] DA, and DR. CRUM, Defendants. ______________________________________________________________________________ DEFENDANT PETER CRUM, M.D.'S RESPONSE TO PLAINTIFF'S "OBJECTION" TO SUMMARY JUDGMENT ______________________________________________________________________________ COMES NOW the Defendant, Peter Crum, M.D., by and through counsel, and respectfully submits the following Response to Plaintiff's "Objection" to Summary Judgment: 1. Pursuant to the Court's Order of June 2, 2005, this case was referred to Magistrate

Judge Craig B. Shaffer to handle all dispositive matters, including summary judgment, in accordance with 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and D.C. COLO. L. Civ.R. 72.2. On August 1, 2005, Magistrate Judge Shaffer entered judgment in favor of Defendant Crum, and dismissed Defendants "Nurse LPN Lisa" and "Nurse Assistance D.A." [sic]. 2. Pursuant to D.C. COLO. L. Civ.R. 72.2(h), "[u]pon entry of a judgment in any civil

action on consent of the parties under 28 U.S.C. §636(c) authority, an appeal shall be directly to the United States Court of Appeals for the 10th Circuit in the same manner as an appeal from any other

Case 1:04-cv-01077-CBS-PAC

Document 85

Filed 09/08/2005

Page 2 of 2

judgment of this Court." Therefore, any objections Plaintiff had with Magistrate Judge Shaffer's ruling should have been filed as an appeal. Defendant submits the Court is without jurisdiction to review the entry of summary judgment in favor of Defendants. Should the Court accept Plaintiff's pleading, Defendant requests an opportunity to respond to the arguments set forth in Plaintiff's objection. Respectfully submitted this 8th day of September, 2005.

s/Steven J. Wienczkowski Scott S. Nixon Steven J. Wienczkowski PRYOR JOHNSON CARNEY KARR NIXON , P.C. 5619 DTC Parkway, Suite 1200 Greenwood Village, Colorado 80111 E-Mail: [email protected] E-Mail: [email protected] (303) 773-3500 ATTORNEYS FOR DEFENDANT PETER CRUM , M.D.

CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 8th day of September, 2005, a true and correct copy of the foregoing was placed in the United States Mail, postage prepaid thereon, addressed to the following: Stephen Jerome Grace Prisoner No. 57349 Limon Correctional Facility 49030 State Highway 71 Limon, Colorado 80826

s/Laura Buckingham Laura Buckingham, on behalf of Pryor Johnson Carney Karr Nixon, P.C.

2