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- cod;;1:17-cv-01341_de212 RegisterActionDate "2019-02-26" @default.
- cod;;1:17-cv-01341_de212 RegisterActionDescriptionText "ORDER denying 211 Motion for Order. This matter is before the Court on Plaintiff's 211 Motion for Order. In the Motion, Plaintiff requests the Court to require Defendants to stipulate to the fact that Plaintiff was induced to sew his clothing as a matter of law. "[T]he Court cannot ordinarily force the parties to stipulate to facts." Leon v. FedEx Ground Package Sys., Inc., 218 F. Supp. 3d 1267, 1282 (D.N.M. 2016) (citing Old Chief v. United States, 519 U.S. 17,2 189 (1997)). The Court also notes that Plaintiff seems to be attempting to litigate the legitimacy of prison regulations on clothing alterations, and whether he had an entrapment defense to the confiscation of his clothing. The relevance of these issues to Plaintiff's instant civil rights case is not immediately clear. See Vega v. People, 893 P.2d 107, 111 (Colo. 1995) (holding that under the Colorado Criminal Code, "entrapment only may be asserted as an affirmative defense to the commission of acts which would otherwise constitute an offense," i.e., a crime (quotation and alterations omitted)); see also Garretts Worldwide Enterprises, LLC v. United States, No. 14-2281-JTM, 2015 WL 11825762, at *6 (D. Kan. Mar. 6, 2015) ("Under Kansas law, entrapment is a defense to a criminal prosecution, not a separate private civil action."). For these reasons, Plaintiff's Motion for Order 211 is DENIED. The Clerk of Court is instructed to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/26/2019. Text Only Entry (stvlc2, ) (Entered: 02/26/2019)" @default.
- cod;;1:17-cv-01341_de212 AdministrativeID "213" @default.
- cod;;1:17-cv-01341_de212 OntologyLabel order @default.
- cod;;1:17-cv-01341_de212 hasReferenceToOtherEntry cod;;1:17-cv-01341_de210 @default.