Morris v. USA et al

Filing 8

ORDER DISMISSING CASE An action must be commenced through the filing of a complaint, not a counterclaim. Since this action was not commenced through a proper pleading, it is ORDERED that this case is DISMISSED WITHOUT PREJUDICE. by Chief Judge Wiley Y. Daniel on 5/17/2010. (erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 10-cv-01001-WYD-CBS UNITED STATES OF AMERICA, Plaintiff, v. CURTIS L. MORRIS, Defendant. CURTIS L. MORRIS, Counterclaimant, v. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO IN CASE NO. 09SW-5194-KMT, MAGISTRATE JUDGE KATHLEEN M. TAFOYA PRESIDING; UNITED STATES DISTRICT COURT IN CASE NO. 09-cv-02381-WYD-KMT, MAGISTRATE JUDGE KATHLEEN M. TAFOYA AND CHIEF JUDGE WILEY Y. DANIEL PRESIDING; UNITED STATES OF AMERICA; INTERNAL REVENUE SERVICE; GREG M. FLYNN; DAVID M. GAOUETTE; JAMES C. STRONG; and ERIC HOLDER, Counterdefendants. ORDER OF DISMISSAL THIS MATTER is before the Court on a review of the file. Curtis L. Morris initiated this action by filing a "Counterclaim for Trespass, Trespass on the Case, and Replevin Verified" ["counterclaim"]. The counterclaim relates to a separate action by the

United States of America against Curtis L. Morris, Civil Action No. 09-cv­02381-WYDKMT. An action must be commenced through the filing of a complaint, not a counterclaim. Fed. R. Civ. P. 3. Any counterclaims relevant to an action must be filed in that action, not in a separate action. Fed. R. Civ. P. 13. Since this action was not commenced through a proper pleading, it is ORDERED that this case is DISMISSED WITHOUT PREJUDICE. Dated this 17th day of May, 2010. BY THE COURT: s/ Wiley Y. Daniel WILEY Y. DANIEL, CHIEF UNITED STATES DISTRICT JUDGE

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