Tillotson v. McCeary

Filing 79

ORDER striking 75 LETTER and 77 LETTER. By Magistrate Judge Boyd N. Boland on 12/12/2012. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Case No. 10-cv-00483-REB-BNB
CHRIS TILLOTSON,
Plaintiff,
v.
T. J. McCOY,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on two letters filed by the plaintiff [Docs. ## 75 and 77] (the
“Letters”). The Letters are STRICKEN.
On November 19, 2010, this action was dismissed without prejudice for failure to effect
timely service of process and failure to prosecute [Doc. #71]. The plaintiff requests that the
court reopen the case and allow the plaintiff “to be heard by the court” on the merits of the case.1
On April 8, 2010, I advised the plaintiff that he could not make requests to the court by
filing letters and that all filings made in this court must contain the case caption [Doc. #17]. I
ordered him to submit all future requests in the form of a motion in compliance with Rule 7, Fed.
R. Civ. P. The plaintiff subsequently filed two letters requesting relief from the court [Doc. #22,
filed 04/28/2010 and Doc. #24, filed 05/04/2010].

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The Letters do not address the plaintiff’s failure to prosecute and failure to serve the
defendant, nor do they provide any basis for reopening the case.

On May 6, 2010, I again directed the plaintiff to cease filing letters with the court and
informed him that “[a]ll requests for court orders shall be filed as motions. All motions and
other papers filed with this court shall contain the case caption.” [Doc. #26]. I cautioned the
plaintiff that “[p]apers that are not filed in compliance with Rule 7 and this order will be
stricken.” On May 14, 2010, the plaintiff filed a letter seeking relief from the court [Doc. #29].
The letter was stricken on May 18, 2010 [Doc. #32]. On July 13, 2010, the plaintiff filed another
letter seeking relief from the court [Doc. #36]. This letter was stricken on July 16, 2010 [Doc.
#38].
My orders notwithstanding, the plaintiff has filed the Letters. They are not in the form of
a motion. Accordingly,
IT IS ORDERED that the Letters are STRICKEN.
Dated December 12, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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