IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Philip A. Brimmer

Civil Action No. 11-cv-02438-PAB-BNB

ALVIN MOSCH,

PATRICIA C. MOSCH,

DAVID K. MOSCH,

Each Individually and dba Mosch Mining Company,

Plaintiffs,

v.

JOHN HENRY, aka John T. Henry, aka John L. Henry,

UNITED STATES REAL ESTATE CORPORATION, and

any one claiming by or through any of the named persons,

Defendants.

ORDER

This matter is before the Court on documents filed by defendant John Henry

entitled “Response to the Order to Show Cause Why My Future Filings Should not be

Typewritten” [Docket No. 106], “Attorney J. Charles Shelton’s Letter Filed in Rebuttal

and Response to Richard L. Garnett’s Scathing Letter to John Henry” [Docket No. 107],

“Personal Letter of Pleading from Richard L. Garnett” [Docket No. 108], and “Sean W.

Doyle’s Draft of Verified Complaint” [Docket No. 109] filed by defendant John Henry. 

On September 5, 2012, the Court ordered Mr. Henry to show cause why his

future filings should not be typewritten. See Docket No. 104 at 2. Mr. Henry

represents that he does not have a computer or typewriter. Furthermore, the Court

notes that Mr. Henry has written the present filings in legible print. Therefore, the Court

will discharge the September 5 order to show cause.

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The Court notes that the magistrate judge has scheduled an evidentiary hearing 1

for September 27, 2012. See Docket No. 105. The magistrate judge instructed the

parties on the pre-hearing procedures. See id. at 2; see, e.g., id. (“Copies of all exhibits

must be submitted to my chambers (but not filed in the clerk’s office) and provided to

opposing counsel on or before September 24, 2012.”) (emphasis omitted).

2

In regard to Mr. Henry’s three other filings, see Docket Nos. 107, 108, 109, the

Court has previously advised Mr. Henry that “‘this court is not a repository for

discovery.’” Docket No. 98 at 2 (quoting De Van Daniel v. Padilla, 2009 WL 1705614, at

*1 (E.D. Cal. June 17, 2009)); see also Chavez v. Allied Interstate, 2012 WL 2839800,

at *6 (E.D. Cal. July 10, 2012) (“Originals or copies of evidence are properly submitted

when the course of the litigation brings the evidence into question (as upon a summary

judgment motion, at trial, or upon the Court’s request).”). The Court further instructed

Mr. Henry that his “future filings must, in both form and substance, provide the Court

with a basis to determine what purpose they serve in this litigation.” Docket No. 98 at 2. 

Mr. Henry’s filings violate these instructions. Moreover, Mr. Henry, who is not admitted

to the bar of this Court, purports to file the documents on behalf of defendant United

States Real Estate Corporation in addition to himself. See Docket No. 107 at 2; Docket

No. 108 at 2; Docket No. 109 at 1; see also Docket No. 106 at 1. “Only pro se

individual parties and members of this court’s bar may appear or sign pleadings,

motions, or other papers.” D.C.COLO.LCivR 11.1A. For these reasons, the filings will

be stricken. 

1

As a final note, the Court again advises Mr. Henry that, if he “persists in violating

the applicable rules and the Court’s orders, the Court may consider whether, in addition

to striking non-compliant filings, additional sanctions against Mr. Henry might be in

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3

order.” Docket No. 104 at 2. 

For the foregoing reasons, it is

ORDERED that the Court’s September 5, 2012 order to show cause [Docket No.

104] is DISCHARGED. It is further

ORDERED that the filings entitled “Attorney J. Charles Shelton’s Letter Filed in

Rebuttal and Response to Richard L. Garnett’s Scathing Letter to John Henry” [Docket

No. 107] and “Personal Letter of Pleading from Richard L. Garnett” [Docket No. 108],

and “Sean W. Doyle’s Draft of Verified Complaint” [Docket No. 109] are STRICKEN.

DATED September 13, 2012.

BY THE COURT:

 s/Philip A. Brimmer 

PHILIP A. BRIMMER

United States District Judge

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