Fellerman v. United States Army, The et al

Filing 13

ORDER. Plaintiffs Unopposed Motion for Administrative Closure of Case 12 filed 2/8/2011, is GRANTED. Under FED. R. CIV. P. 60(b), the portion of the 2/2/2011, Order 10 directing that this case be closed is WITHDRAWN. under FED. R. CIV. P. 60(b), the Judgment 11 is WITHDRAWN. This case is RE-OPENED. Under D.C.COLO.LCivR 41.2, the clerk is DIRECTED to close this civil action administratively, subject to reopening for good cause. By Judge Robert E. Blackburn on 8/11/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 10-cv-02966-REB-BNB
HENRY SHELDON FELLERMAN, JR.,
Plaintiff,
v.
THE UNITED STATES ARMY, and
UNITED STATES SECRETARY OF THE ARMY, JOHN M. McHUGH,
Defendants.

ORDER
Blackburn, J.
This matter is before me on the plaintiff’s Unopposed Motion for
Administrative Closure of Case [#12]1 filed February 8, 2011. The motion is granted.
On February 2, 2011, the defendants filed an Unopposed Motion To Remand
[#9]. In that motion, the defendants sought a remand of this case to the Army Board for
Correction of Military Records, whose initial decision was at issue in this case. The
court entered an order [#10] granting the motion, remanding the decision at issue to the
Army Board for Correction of Military Records, and closing this case. Based on that
order [#10], Judgment [#11] was entered.
In his present motion, the plaintiff states that the parties did not intend that this
case be closed and judgment entered when they filed their Unopposed Motion To

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“[#12]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

Remand [#9]. Rather, the plaintiff states that if, after its reconsideration, the decision of
the Army Board for Correction of Military Records is adverse to the plaintiff, then the
plaintiff intends to proceed with this case to challenge the adverse decision. The
plaintiff asks that this case be closed administratively, subject to re-opening should he
seek to challenge an adverse decision by the board.
Under FED. R. CIV. P. 60(b), a court may relieve a party from an order or final
judgment due, inter alia, to mistake, inadvertence, or any other reason that justifies
relief. I conclude that the plaintiff has satisfied this standard in his present motion.
THEREFORE, IT IS ORDERED as follows:
1. That the plaintiff’s Unopposed Motion for Administrative Closure of Case
[#12] filed February 8, 2011, is GRANTED;
2. That under FED. R. CIV. P. 60(b), the portion of the February 2, 2011, Order
[#10] directing that this case be closed is WITHDRAWN;
3. That under FED. R. CIV. P. 60(b), the Judgment [#11] is WITHDRAWN;
4. That this case is RE-OPENED;
5. That under D.C.COLO.LCivR 41.2, the clerk is DIRECTED to close this civil
action administratively, subject to reopening for good cause.
Dated August 11, 2011, at Denver, Colorado.
BY THE COURT:

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