Free Order - District Court of Colorado - Colorado

Case 1:03-cv-02633-PSF-PAC

Document 175

Filed 09/19/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02633-PSF-PAC Consolidated with Civil Action No. 04-cv-00319-PSF-PAC LILLIAN BARTON, Plaintiff(s), v. CITY AND COUNTY OF DENVER, OFFICER R. BLEY, Badge No. 99006, OFFICER N. SAGEN, Badge, No. 96-021, OFFICER JOHN DOE, MAYOR JOHN HICKENLOOPER, in his official capacity, WELLINGTON WEBB, as former Mayor, in his official capacity, GERALD R. WHITMAN, Chief of Police, City and County of Denver in his office capacity only, J. WALLACE NORTHAM, JR., former Denver City Attorney, in his official capacity only, CHRIS RAMSEY, former Denver Deputy City Attorney, in his official capacity only, Defendant(s). ________________________________________________________________________ ORDER ________________________________________________________________________ ORDER ENTERED BY MAGISTRATE JUDGE PATRICIA A. COAN This case alleges constitutional violations and is brought by a pro se plaintiff. The Court received a message at approximately 10:00 a.m. this morning from someone purporting to be plaintiff' niece. s The " niece" telephoned the chambers'

secretary and advised that plaintiff will not appear for the motions hearing tomorrow because she is out of town in Pennsylvania visiting her sister, who is ill. No documentation of the allegedly ill sister or of plaintiff' absence has been provided to the Court. The s

Case 1:03-cv-02633-PSF-PAC

Document 175

Filed 09/19/2005

Page 2 of 2

" niece"refused to leave a telephone number for the Court. I note from the clerk' file that the motions hearing has been continued once s because plaintiff allegedly was in the hospital. hospitalization has ever been provided to the Court. I find that the pending referred motions need to be ruled on and that the Court is not required to hear the arguments of any party, including plaintiff' See D.C. Colo. L. Civ. s. R. 7.1.C. Accordingly, to the extent that today' message from the " s niece"could be considered a motion to continue the September 20, 2005 motions hearing, it is hereby ORDERED that the request is denied. It is further ORDERED that the motions hearing will go forward as set on September 20, 2005 at 1:30 p.m. Dated September 19, 2005. By the Court: s/Patricia A. Coan Patricia A. Coan Magistrate Judge No documentation of plaintiff' s