Nasious v. Denver, City and County of et al

Filing 101

ORDER. On or before 11/30/2009, Defendants the City and County of Denver, Denver Sheriffs Department, and Sheriff Strong (the Denver Defendants) shall file a brief in response to Plaintiff Nasious Response To Defendants Motion To Dismiss 100 , which the Court treats as Plaintiffs objection to the Recommendation of Magistrate Judge issued 09/15/2009 90 . By Judge Zita L. Weinshienk on 11/04/2009. (sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk Civil Action No. 08-cv-00275-ZLW-KMT JOHN NASIOUS, Plaintiff, v. CITY AND COUNTY OF DENVER - DENVER SHERIFF'S DEPARTMENT, SHERIFF STRONG, Denver Sheriff's Department, and NURSE ROSIE PAGLIANO, Denver Sheriff's Department, Defendants. ORDER It is ORDERED that, on or before November 30, 2009, Defendants the City and County of Denver, Denver Sheriff's Department, and Sheriff Strong (the Denver Defendants) shall file a brief in response to "Plaintiff Nasious Response To Defendants Motion To Dismiss" (Doc. No. 100), which the Court treats as Plaintiff's objection to the Recommendation of Magistrate Judge issued September 15, 2009 (Doc. No. 90). The Court is particularly interested in the Denver Defendants' response to Plaintiff's argument that the two-year statute of limitations applicable to Plaintiff's 42 U.S.C. § 1983 claim was tolled during the period Plaintiff allegedly attempted to exhaust his administrative remedies.1 DATED at Denver, Colorado this 4th day of November, 2009. BY THE COURT: ______________________________ ZITA L. WEINSHIENK, Senior Judge United States District Court 1 See e.g. Smith v. Ortiz, 2006 WL 620871 (10th Cir. March 14, 2006).

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