UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Civil Case No. 11-cv-02384-WYD-CBS 

KEVIN FRANCIS JONES, 

Plaintiff, 

v. 

MARCUS LEHMKUHL; 

CITY OF COLORADO SPRINGS, COLORADO; 

R.A. YOHN; 

AL HARMON; 

BRET POOLE; and, 

ONE TO TEN UNKNOWN DEFENDANTS TO BE IDENTIFIED THROUGH 

DISCOVERY AND TRIAL, sued individually and in their official capacities, 

Defendants. 

MINUTE ORDER 

ORDER ENTERED BY SENIOR JUDGE WILEY Y. DANIEL 

 THIS MATTER is before the Court on defendants, Marcus Lehmkuhl, City of 

Colorado Springs, Colorado, R.A. Yohn, and Bret Poole’s Motion To Strike Plaintiff’s 

Untimely Objections To The Magistrate Judge’s Recommendation Or, In The 

Alternative, For A 30-Day Extension Of Time To File A Response [ECF No. 93]. 

 On May 9, 2013, pro se plaintiff, Kevin Francis Jones, filed what he styled as a 

Notice Of Appeal [ECF No. 90]. After review of the case file, I construed the motion as 

a request for an extension of time to file objections to Magistrate Judge Shaffer’s 

Recommendation [ECF No. 89], which was issued on April 26, 2013. On May 16, 2013, 

I granted Jones’s motion and stated that: 

Jones shall file any and all objections to Magistrate 

Judge Shaffer’s Recommendation [ECF No. 89] on or 

before Monday, June 17, 2013. If Jones does not file 

objections on or before this date, I will proceed to 

review Magistrate Judge Shaffer’s Recommendation 

[ECF No. 89] as though it is free of objections. 

ECF No. 91, p. 2. Thus, I gave Jones an additional 32 days, more than double the 

standard period for filing objections to a Magistrate Recommendation, to file objections 

Case 1:11-cv-02384-WYD-CBS Document 96 Filed 07/01/13 USDC Colorado Page 1 of 2
to Magistrate Judge Shaffer’s Recommendation [ECF No. 89].1

 Jones filed his 

Objections To The Recommendation Of The Magistrate Judge CBS [ECF No. 92] on 

Tuesday, June 18, 2013. Because Jones’s objections were not filed in accordance with 

the absolute deadline established in my May 16, 2013, Minute Order [ECF No. 91], it is 

 ORDERED that defendants, Marcus Lehmkuhl, City of Colorado Springs, 

Colorado, R.A. Yohn, and Bret Poole’s Motion To Strike Plaintiff’s Untimely Objections 

To The Magistrate Judge’s Recommendation Or, In The Alternative, For A 30-Day 

Extension Of Time To File A Response [ECF No. 93] is GRANTED to the extent they 

move to strike Jones’s Objections To The Recommendation Of The Magistrate Judge 

CBS [ECF No. 92]. Therefore, it is 

 FURTHER ORDERED that Jones’s Objections To The Recommendation Of The 

Magistrate Judge CBS [ECF No. 92] are STRICKEN from the record. 

 

 Dated: July 1, 2013. 

 

1

 The standard time to file objections to a Magistrate Recommendation is 14 days after service of a copy 

of the Recommendation. See Rule 72(b)(2) of the FEDERAL RULES of CIVIL PROCEDURE (“Within 14 days 

after being served with a copy of the recommended disposition, a party may serve and file specific written 

objections to the proposed findings and recommendations”); 28 U.S.C. § 636(b)(1)(C) (“Within fourteen 

days after being served with a copy, any party may serve and file written objections to such proposed 

findings and recommendations as provided by rules of court”). 

Case 1:11-cv-02384-WYD-CBS Document 96 Filed 07/01/13 USDC Colorado Page 2 of 2