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Carbajal v. St. Anthony Central Hospital

United States District Court, D. Colorado

June 16, 2015

DEAN CARBAJAL, Plaintiff,
v.
ST. ANTHONY CENTRAL HOSPITAL, a corporation, CENTURA HEALTH, a corporation, APEX, a corporation, STEPHAN M. SWAN, Physician Assistant, in his individual capacity, GREGORY J. ENGLAND, Registered Nurse, in his individual capacity, MARCI L. HANSUE, Registered Nurse, in her individual capacity, MICHAEL O’NIELL, Police Officer for the Denver Police Department, in his individual capacity, JAY LOPEZ, Police Officer for the Denver Police Department, in his individual capacity, LARRY BLACK, Police Officer for the Denver Police Department, in his individual capacity, Defendants.

ORDER DENYING MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF DENVER DEFENDANTS’ OBJECTIONS TO RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

Robert E. Blackburn, Judge

The matter before me is the Motion For Leave To File Reply in Support of Denver Defendants’ Objections to Recommendation of the United States Magistrate Judge [#332], [1] filed June 15, 2015. Despite the title of the motion, defendants seek not merely to file a reply to plaintiff’s response to their objections, but to submit evidence which they claim is dispositive of plaintiff’s claim of excessive force against them. I deny the motion.

The law of this circuit clearly provides that “[i]ssues raised for the first time in objections to the magistrate judge's recommendation are deemed waived.” See Marshall v. Chater, 75 F.3d 1421, 1426 (10th Cir. 1996). The arguments and evidence defendants seek to proffer here are even further removed from admissibility. Having failed to join these issues or present this evidence[2] either by their original motion or by their initial objections, defendants’ plainly have waived any right to require this court to consider them at this late juncture.

THEREFORE, IT IS ORDERED that the Motion For Leave To File Reply in Support of Denver Defendants’ Objections to Recommendation of the United States Magistrate Judge [#332], filed June 15, 2015, is denied.


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