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 IN THE UNITED STATES DISTRICT COURT 

 FOR THE DISTRICT OF COLORADO 

Senior Judge Wiley Y. Daniel

Civil Action 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. 

______________________________________________________________________ 

ORDER 

______________________________________________________________________ 

THIS MATTER is before the Court on pro se plaintiff, Kevin Francis Jones’s: (1) 

Motion To Enter Into Evidence Receipt By United States Post Office Showing Evidence 

Of Timely Filing Of Objections To Magistrate Judge CBS Recommendation To Dismiss 

(Doc. 96) Also To Be Considered As Newly Discovered Evidence Of Timely Filing And 

An Amendment To Reconsideration Motion (Doc. 97) [ECF No. 99]; and, (2) Motion To 

Strike From The Record Defendants (Doc. 98) [ECF No. 100]. For the reasons stated 

below, the motions are DENIED. 

BACKGROUND 

This suit arises out of law enforcement officers’ search of plaintiff, Kevin Francis 

Jones’s, residence on February 19, 2010, in which they found two marijuana “grow 

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rooms” and seized inter alia, over 444.6 grams of marijuana. Jones alleges that he 

owns and operates “Nature’s Remedy,” a business that provides medical marijuana 

products and services. In short, Jones alleges that his Colorado Medical Marijuana 

Card authorized him to grow marijuana in his residence and law enforcement’s search 

of his residence and seizure of marijuana violates the Constitution of the United States 

and Colorado state law. 

 On April 26, 2013, Magistrate Judge Shaffer issued a Recommendation [ECF 

No. 89] regarding the defendants’ Motion To Dismiss Pursuant to Fed. R. Civ. P. 

12(b)(1) And 12(b)(6) [ECF No. 40]. In that Recommendation [ECF No. 89], Magistrate 

Judge Shaffer recommended that the majority of Jones’s claims be dismissed with 

prejudice, while a select few claims be dismissed without prejudice. On May 9, 2013, 

Jones filed a Notice Of Appeal [ECF No. 90] in which he requested an extension of time 

to file his objections to Magistrate Judge Shaffer’s Recommendation [ECF No. 89]. I 

treated Jones’s Notice Of Appeal [ECF No. 90] as a Motion For Extension Of Time To 

File Objections To Magistrate Judge Shaffer’s Recommendation [ECF No. 89]. On May 

16, 2013, I issued a Minute Order [ECF No. 91] granting the motion and I ordered Jones 

to file any and all objections on or before Monday, June 17, 2013. ECF No. 91, p. 2. I 

further stated that “[i]f Jones does not file objections on or before this date [Monday, 

June 17, 2013], I will proceed to review Magistrate Judge Shaffer’s Recommendation 

[ECF No. 89] as though it is free of objections.” Id. Jones filed his Objections To The 

Recommendation Of The Magistrate Judge CBS [ECF No. 92] on June 18, 2013. Thus, 

I struck Jones’s Objections To The Recommendation Of The Magistrate Judge CBS 

[ECF No. 92] from record because he did not comply with the absolute deadline set 

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forth in my May 16, 2013, Minute Order [ECF No. 91]. ECF No. 96. Jones filed a Motion 

For Reconsideration [ECF No. 97] regarding that ruling and I denied the motion. ECF 

No. 104, pp. 3-4. 

 Both of Jones’s motions [ECF Nos. 99 & 100] that are presently before me relate 

to my rulings that his objections to Magistrate Judge Shaffer’s Recommendation [ECF 

No. 89] were untimely. Neither motion has merit. 

ANALYSIS 

A. Jones’s Motion to Enter Into Evidence Receipt By United States Post Office 

 Showing Evidence Of Timely Filing Of Objections To Magistrate Judge CBS 

 Recommendation To Dismiss (Doc. 96) Also To Be Considered As Newly 

 Discovered Evidence Of Timely Filing And An Amendment To Reconsideration 

 Motion (Doc. 97) [ECF No. 99] 

 Jones moves to enter into evidence a receipt [ECF No. 99, p. 3] from a postal 

store located in Colorado Springs, Colorado, which allegedly indicates that he tendered 

his objections to be mailed on June 17, 2013, and that the objections were expected to 

be delivered to the this Court on June 18, 2013. 

 I addressed Jones’s objections to Magistrate Judge Shaffer’s Recommendation 

[ECF No. 89] on two prior occasions. I first addressed Jones’s objections in my July 1, 

2013, Minute Order [ECF No. 96] where I struck the objections from the record as 

untimely. Jones subsequently moved for reconsideration of that ruling and I denied his 

Motion For Reconsideration [ECF No. 97] in my September 27, 2013, Order [ECF No. 

104, pp. 3-4]. The receipt does not provide any legal basis to amend or vacate my 

rulings regarding Jones’s objections. Thus, the motion is DENIED. 

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B. Jones’s Motion To Strike From The Record Defendants (Doc. 98) [ECF No. 100] 

 Jones moves to strike the defendants’ Response To (Doc. 97) Plaintiff’s Motion 

For Reconsideration Of Order To Strike Plaintiff’s Objections To The Magistrate Judge’s 

Recommendation [ECF No. 98] because “[i]t is nothing more than slanderous contempt 

and petty groveling over the fact that [he] had an extension of time and that [he] is a pro 

se prisoner . . . ” ECF No. 100, p. 1, ¶ 1. The motion does nothing more than attack the 

tone of the defendants’ response [ECF No. 98]. The motion is void of any legal basis to 

strike the response and therefore it is DENIED. 

CONCLUSION 

 After careful consideration of the matters before this Court, it is 

 ORDERED that Jones’s Motion to Enter Into Evidence Receipt By United States 

Post Office Showing Evidence Of Timely Filing Of Objections To Magistrate Judge CBS 

Recommendation To Dismiss (Doc. 96) Also To Be Considered As Newly Discovered 

Evidence Of Timely Filing And An Amendment To Reconsideration Motion (Doc. 97) 

[ECF No. 99] and Motion To Strike From The Record Defendants (Doc. 98) [ECF No. 

100] are DENIED. 

 Dated: December 20, 2013. 

BY THE COURT: 

/s/ Wiley Y. Daniel 

Wiley Y. Daniel 

Senior U. S. District Judge 

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