Tillotson v. McCeary

Filing 126

ORDER by Magistrate Judge Nina Y. Wang on 11/4/15 striking 124 Motion for Order for Relief. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Case No. 10-cv-00483-REB-NYW
CHRIS TILLOTSON,
Plaintiff,
v.
T. J. McCOY,
Defendant.
ORDER
Magistrate Judge Nina Y. Wang
This civil action comes before the court on a letter filed with the court by Plaintiff Chris
Tillotson (“Plaintiff” or “Mr. Tillotson”) [#124], docketed on October 13, 2015, which was
docketed as “Motion for Order for Relief” (the “October 13, 2015 Letter”). Pursuant to the
October 14, 2015 Memorandum [#125], Plaintiff’s submission is before this Magistrate Judge.
On November 19, 2010, the court dismissed this case based on Mr. Tillotson’s “failure to
effect timely service of process and failure to prosecute.” [#71 at 3]. Subsequent to the court’s
November 19, 2010 Order, Mr. Tillotson filed numerous letters with the court, in some instances
requesting that the case be re-opened. For example, on May 30, 2013, Plaintiff requested that the
case be re-opened, based on Plaintiff’s assertions that he “never assaulted [Defendant] Mr.
McCoy and am a victim of circumstance I was in the wrong place at the wrong time,” leading to
Plaintiff’s incarceration. [#95]. On June 7, 2013, the court entered an Order finding that
Plaintiff’s submission did not “provide[] a basis for re-opening this case.” [#97 at 2]. Plaintiff

was ordered to “cease filing papers in this case” and advised that any further filings would be
“stricken without further notice.” [Id.].
Plaintiff’s October 13, 2015 Letter “declare[s]” that Plaintiff is “innocent of assaulting
Officer McCoy,” and requests unspecified “relief.” [#124 at 1]. Consistent with the court’s prior
orders, the court STRIKES the October 13, 2015 Letter, and ORDERS that Plaintiff must cease
further filings in this case.

DATED: November 4, 2015.

BY THE COURT:
s/ Nina Y. Wang___________
United States Magistrate Judge

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