Georgacarakos v. Wiley et al

Filing 739

MINUTE ORDER denying 733 Motion for Reconsideration, by Magistrate Judge Michael E. Hegarty on 7/14/2009. (mehcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-01712-MSK-MEH PETER GEORGACARAKOS, Plaintiff, v. WILEY, et al., Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on July 14, 2009. Plaintiff's Second Motion for Reconsideration of Motion to Review 2241 Petition [filed July 9, 2009; docket #733] is denied. In the current motion, Plaintiff states that the Court has misunderstood his request to consider an already filed 2241 motion (a copy of which has not been presented). However, there is nothing in the Plaintiff's original motion [docket #664] nor in the subsequent motion for reconsideration [docket #682] referring to a 2241 motion that the Plaintiff has purportedly filed; in fact, the original motion, brought "pursuant to 28 U.S.C. 2241," requests that the Court "review the criminal portion of the conspiracy of this case pursuant to 2241 . . . since [Plaintiff's] conviction is inextricably linked to the facts and law of this case." In any case, even if the Plaintiff has filed a petition pursuant to 28 U.S.C. 2241 in accordance with federal and local rules in this district, this Court may not review or consider a pleading filed in a separate matter unless it is properly submitted in the instant action as evidence supporting a party's position.

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