Main v. Plugh

Filing 32

ORDER. The 30 motion for clarification and 31 inmate trust fund account statement filed by non-party Patrick Brenner are stricken. By Judge Philip A. Brimmer on 8/31/11.(mnf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 10-cv-01058-PAB
ROY J. MAIN,
Applicant,
v.
WARDEN PLUGH,
Respondent.

ORDER

This matter is before the Court on the motion for clarification [Docket No. 30] and
inmate trust fund account statement [Docket No. 31] filed by non-party Patrick Brenner.
Final judgment entered in this matter on June 15, 2011. In his motion, Mr. Brenner
refers to himself as the plaintiff but requests clarification of the Court’s resolution of
applicant Roy J. Main’s application for a writ of habeas corpus. Mr. Brenner was never
a party to this action and, there being no indication that he is an attorney seeking to
represent plaintiff, he may not file pleadings in this case. See 28 U.S.C. § 1654 (“In all
courts of the United States the parties may plead and conduct their own cases
personally or by counsel as, by the rules of such courts, respectively, are permitted to
manage and conduct causes therein.”); see also D.C.COLO.LCivR 11.1(A) (“Only pro
se individual parties and members of this court’s bar may appear or sign pleadings,
motions, or other papers.”). Therefore, the Court will strike Mr. Brenner’s filings.
In his motion, Mr. Brenner also seeks declaratory relief. To initiate a new action,

however, plaintiff must comply with D.C.COLO.LCivR 8.2.
For the foregoing reasons, it is
ORDERED that the motion for clarification [Docket No. 30] and inmate trust fund
account statement [Docket No. 31] filed by non-party Patrick Brenner are STRICKEN.
The Clerk of the Court shall mail a copy of this Order to Mr. Patrick Brenner, # 66893,
Colorado Territorial Correctional Facility, P.O. Box 1010, Cañon City, Colorado, 812151010.

DATED August 31, 2011.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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