Robinson et al v. Alaska Housing Finance Corp. et al

Filing 6

ORDER: This case is DISMISSED without prejudice. All outstanding motions are DENIED. (See order for full details). Signed by Judge Timothy M. Burgess on 12/16/2014. (CME, COURT STAFF)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA ELIAS AND MICHAELA ROBINSON, Plaintiff, vs. ALASKA HOUSING FINANCE CORP., et al., Case No. 3:14-cv-00167-TMB Defendants. ORDER OF DISMISSAL Elias and Michaela Robinson, representing themselves, filed a Complaint under the Civil Rights Act, 42 U.S.C. § 1983, and an Application to Waive the Filing Fee under 28 U.S.C. § 1915. 1 The Court reviewed the Complaint as required under § 1915(e)(2)(B), and dismissed Alaska Housing Finance Corp., with prejudice, as immune from relief under § 1915(e)(2)(B)(iii). 2 The Court also explained the concepts of claim and issue preclusion, 3 and ordered as follows: The Robinsons must file a Response to Order to Show Cause, on the enclosed Court form, on or before November 6, 2014. In the Response, the Robinsons must list the claims filed in the Superior Court for the State of Alaska in Robinson v. AHFC, 3AN-1011689CI. They must also attach a copy of (1) the Notice of Appeal and Statement of Points on Appeal (both filed on or about October 22, 2010); 4 (2) the Stipulation and Order of Dismissal with Prejudice 1 Dockets 1, 3. 2 Docket 5 at 7. 3 Id. at 4-6. 4 Robinson v. AHFC, 3AN-10-11689CI at (filed on or about September 8, 2011); 5 and (3) the Superior Court’s orders granting the stipulated dismissal with prejudice (issued on or about September 12, 2011). 6 The Robinsons were warned that, if they “fail[ed] to comply, this case will be dismissed without further notice.” 7 To date, the Robinsons have failed to comply with the Order. IT IS THEREFORE ORDERED: 1. This case is DISMISSED without prejudice. 2. Any outstanding motions are DENIED. 3. The Clerk of Court is directed to enter a Judgment in this case. DATED at Anchorage, Alaska this 16th day of December, 2014. /s/ Timothy M. Burgess TIMOTHY M. BURGESS UNITED STATES DISTRICT JUDGE “10/22/2010 Notice of Appeal (from Admin. Agency) Goriune Dudukgian (Attorney) on behalf of Elias Robinson (Appellant) 10/22/2010 Statement of Points on Appeal Goriune Dudukgian (Attorney) on behalf of Elias Robinson (Appellant)” 5 Robinson v. AHFC, supra: “09/08/2011 Stipulation and Order For Dismissal of Appeal With Prejudice Attorney: Clement, Jonathan (0501001) Filing Party: Robinson, Elias; Alaska Housing Finance Corporation Case Motion #6” 6 Docket 5 at 7, and footnote 25, citing the following: Robinson v. AHFC, supra: “09/12/2011 Order on Stipulation for Dismissal of Appeal With Prejudice Case Motion #6: Stipulation and Order For Dismissal of Appeal With Prejudice 09/12/2011 Order Granting Motion Case Motion #4: Stipulation and Order for Withdrawal of Attorney (stipulation between appellant and his counsel) 09/12/2011 Dismissed by Stipulation or Unopposed Motion” 7 Docket 5 at 8. 3:14-cv-00167-TMB, Robinson v. AHFC, et al. Order of Dismissal Page 2 of 2

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