Rev Matt Hale(Civil Case)...Notice of Denial of Certiorari in Related Case

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
  Civil Action No. 19-cv-00752-WJM-SKC
 

MATTHEW HALE, J.D.,

Plaintiff,

v.

RUDY MARQUES,

AMY KELLEY,

DEBORAH PAYNE,
JAMES WIENCEK,
SUSAN PROSE,
ANDRE MATEVOUSIAN,
JAMES FOX,
PAUL KLEIN,
CHRISTOPHER SYNSVOLL,
C. PORCO,
J. OSLAND,
M. WYCHE,
L. ROBINSON,
D. HUMPHRIES,
S. HANSEN,
FEDERAL BUREAU OF PRISONS,

Defendants.

                    NOTICE OF DENIAL OF CERTIORARI IN RELATED CASE
 

Defendants Rudy Marques, Amy Kelley, Deborah Payne, James Wiencek, Susan Prose,

Andre Matevousian, James Fox, Paul Klein, Christopher Synsvoll, C. Porco, M. Wyche, L.
Robinson, and the Federal Bureau of Prisons (“BOP”) (collectively, “Defendants”) provide this
notice regarding the Supreme Court’s denial of certiorari in Plaintiff’s earlier, related case, Hale v. Bureau of Prisons, 759 F. App’x 741 (10th Cir. 2019).


In his “Motion to Alter or Amend Judgment Pursuant to Fed. R. Civ. Pro. Rule 59(e),”
ECF No. 23, Plaintiff has argued that the Magistrate Judge and this Court erred in dismissing several of his claims (prior to service of the complaint on Defendants) based on the preclusive effect of the Tenth Circuit’s decision in Hale. Id. at 5-12. Plaintiff argues that this dismissal was in error, in part, due to the pendency of his petition for certiorari seeking review of Hale in the Supreme Court. See id.

Without addressing the merits of these contentions, Defendants provide this notice that the Supreme Court denied certiorari in Hale on October 7, 2019. See Hale v. Bureau of Prisons, No. 18-9629 (U.S.); see also Exhibit A (letter notifying Tenth Circuit of denial of certiorari). To the extent the pendency of the petition was any obstacle to the Court’s dismissal of Plaintiff’s claims (which Defendants do not concede), any such obstacle has been removed.1

Dated October 17, 2019 Respectfully Submitted,

JASON R. DUNN
United States Attorney
s/ Kyle Brenton Kyle Brenton Assistant United States Attorney
1801 California Street, Suite 1600
Denver, Colorado 80202
Telephone: (303) 454-0100
Fax: (303) 454-0407
yle.brenton@usdoj.gov

Counsel for Defendants

1 Because Plaintiff’s motion addresses actions taken by the Court during the screening process before Defendants were served, see D.C.COLO.LCivR 8.1, Defendants have not responded to Plaintiff’s motion. Defendants are willing to respond to the substance of Plaintiff’s motion upon the Court’s request.