Case Information
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
FILED
UNITED STATES DISTRICT COURT
DENVER, COLORADO
NOV 152005 Civil Action No. 05-cv-02113-OES GREGORY C. LANGHAM
KARL ALAN HOUSE OF SCHOENWALDER, EX REL USA, CLERK
Plaintiff,
v.
ANDRES VALENZUELA, JOSEPH BURN, III, MICHAEL ACREE, MARK V. TROSTEL, BILL OWENS, and OTHER UNKNOWN NAMED MALE AND FEMALE INDIVIDUALS 1-100, et al.,
Defendants.
ORDER OVERRULING OBJECTION
On November 2, 2005, Plaintiff Karl Alan House of Schoenwalder submitted pro se and the Court received a document titled "Order to Strike for Impertinance
Memorandum Notations." Mr. Schoenwalder objects to Magistrate Judge O. Edward Schlatter's October 24, 2005, order directing Mr. Schoenwalder to cure certain designated deficiencies in the action if he wishes to pursue his claims. The Court will construe the document liberally as an objection filed pursuant to 28 U.S.C. § 636 (b)(1)(A) (Supp. 2005). For the reasons stated below, the objection will be overruled.
Pursuant to 28 U.S.C. § 636(b)(1)(A), a judge may reconsider any pretrial matter designated to a magistrate judge to hear and determine where it has been shown that the magistrate judge's order is clearly erroneous or contrary to law. After reviewing the entire file, the Court concludes that Magistrate Judge Schlatter's October 24, 2005,
*2 order directing Mr. Schoenwalder to cure certain designated deficiencies is not clearly erroneous or contrary to law. Accordingly, it is
ORDERED that document titled "Order to Strike for Impertinance Memorandum Notations" that Applicant submitted pro se and the Court received on November 2, 2005, and which the Court has construed liberally as an objection filed pursuant to 28 U.S.C. § 636(b)(1)(A), is overruled. It is
FURTHER ORDERED that Applicant has thirty (30) days from the date of this order to cure the designated deficiencies as directed in the October 24, 2005, order if he wishes to pursue his claims in this action. It is
FURTHER ORDERED that the clerk of the Court file the document titled "Order to Strike for Impertinance Memorandum Notations," and which the Court has construed liberally as an objection filed pursuant to 28 U.S.C. § 636(b)(1)(A), as of November 2, 2005.
DATED at Denver, Colorado, this day of 2005.
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 05-cv-02113-OES Karl Alan Schoenwalder c/o Woodland Park US Post Office General Delivery Woodland Park, CO 80863
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on .
GREGORY C. LANGHAM, CLERK