Summary
In Brackeen v. Brown, 2013 WL 328937 (D.Colo. Jan. 8, 2013), Magistrate Judge Tafoya recommended that a CODC defendant's motion to dismiss on qualified immunity grounds be denied because "the law is clearly established that inmates have a First Amendment right to receive information while in prison and that prison officials may not censor prisoners' incoming publications unless the censorship is reasonably related to a legitimate penological interest," citing Pell v. Procunier, 417 U.S. 817, 822 (1974).
Summary of this case from Griffin v. GormanOpinion
Civil Action No. 11-cv-01677-RBJ-KMT
01-08-2013
MICHAEL BRACKEEN, Plaintiff, v. STEVEN BROWN, SR (BCCF), JAN BRYANT (BCCF), TOM CLEMENTS (CDOC) MARSHALL GRIFFITH (CDOC), JOSIE LOPEZ (BCCF), MELINDA MARTON (BCCF), TERESA REYNOLDS (CDOC), BRIGHAM SLOAN (BCCF), MARLENE YBARRA, (BCCF), ARI ZAVARAS (CDOC), STEVE BROWN JR (BCCF), and JASON SANCHEZ (CDOC), Defendants.
Magistrate Judge Kathleen M. Tafoya
ORDER SETTING PRELIMINARY SCHEDULING CONFERENCE
The above captioned case has been referred to Magistrate Judge Kathleen M. Tafoya by District Judge R. Brooke Jackson, pursuant to the Order of Reference dated March 23, 2012. See 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b).
It is hereby ORDERED that a Preliminary Scheduling Conference is set for January 30, 2013, at 9:30 a.m., in Courtroom C-201, Second Floor, of the Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado.
The parties need not comply with the requirements of Fed. R. Civ. P. 16 and D.C.COLO.LCivR 16.2. and 26.1. The purpose of the initial conference is to consider the nature and status of the case, the timing for filing of any motions, and what discovery, if any, will be needed.
Plaintiff, or his/her case manager, shall arrange for his/her participation via telephone and shall call (303) 335-2780 at the scheduled time.
BY THE COURT:
____________________
Kathleen M. Tafoya
United States Magistrate Judge