Jackson v. Hannen et al

Filing 18

ORDER Imposing Filing Restrictions. ORDERED that Mr. Jackson is prohibited from filing any new action in the U.S.D.C. for the District of Colorado without the representation of a licensed attorney admitted to practice in the District of Colorado unless he obtains permission to proceed pro se as described in this order. FURTHER ORDERED that the clerk of the Court shall add Mr. Jackson to the list of sanctioned litigants, by Judge Lewis T. Babcock on 2/27/12. (lyg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-03312-LTB
DAVID JACKSON,
Plaintiff,
v.
J. MARK HANNEN, Judge, 18th Judicial District, in his official capacity,
TAMMY L. HERIVEL, Clerk of Arapahoe County, Colo., in her official capacity, and
JOHN W. SUTHERS, Colorado Attorney General, in his official capacity,
Defendants.

ORDER IMPOSING FILING RESTRICTIONS

On January 24, 2012, the Court entered an order dismissing this action and
directing Plaintiff, David Jackson, to show cause why certain filing restrictions should
not be imposed. Mr. Jackson was warned that the specified filing restrictions would be
imposed if he failed to show good cause within twenty-one days. On February 10,
2012, Mr. Jackson filed a “Motion for New Trial Pursuant to Fed. R. Civ. P. Rule 59 and
Plaintiff’s Sworn Response to Show Cause Order” (ECF No. 10) in which he asked the
Court to reconsider and vacate the Order of Dismissal and the Judgment entered in this
action on January 24, 2012. The Court denied the request to reconsider by order filed
on February 21, 2012. Although the caption of the motion indicates that Mr. Jackson
also is responding to the order directing him to show cause why filing restrictions should
not be imposed, Mr. Jackson does not present any argument in that motion addressing
the issue of filing restrictions beyond his arguments urging the Court to reconsider

dismissing this action that the Court already has rejected. Therefore, the Court finds
that Mr. Jackson has failed to show good cause why filing restrictions should not be
imposed.
As discussed in the Court’s January 24 order, Mr. Jackson will be prohibited from
filing any new action in the United States District Court for the District of Colorado
without the representation of a licensed attorney admitted to practice in the District of
Colorado unless he obtains permission to proceed pro se. In order to obtain permission
to proceed pro se, Mr. Jackson must take the following steps:
1.

File with the clerk of this Court a motion requesting leave to file a
pro se action.

2.

Include in the motion requesting leave to file a pro se action the
following information:
A.

B.

3.

A list of all lawsuits currently pending or filed
previously in the District of Colorado, including the
name, number, and citation, if applicable, of each
case, and the current status or disposition of each
case; and
A statement of the legal issues to be raised in the
proposed new pleading and whether he has raised
the same issues in other proceedings in the District of
Colorado. If so, he must cite the case number and
docket number where the legal issues previously have
been raised.

Submit the proposed new pleading to be filed in the pro se action.

The motion requesting leave to file a pro se action and the proposed new
pleading shall be submitted to the clerk of the Court, who shall forward them to the
judicial officer designated by the Chief Judge pursuant to D.C.COLO.CivR 8.1C. for
review. If the motion requesting leave to file a pro se action is denied, the matter will be
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dismissed. If the motion requesting leave to file a pro se action is granted, the case will
proceed in accordance with the Federal Rules of Civil Procedure and the Local Rules of
Practice of the United States District Court for the District of Colorado-Civil.
Accordingly, it is
ORDERED that Mr. Jackson is prohibited from filing any new action in the United
States District Court for the District of Colorado without the representation of a licensed
attorney admitted to practice in the District of Colorado unless he obtains permission to
proceed pro se as described in this order. It is
FURTHER ORDERED that the clerk of the Court shall add Mr. Jackson to the list
of sanctioned litigants.
DATED at Denver, Colorado, this

27th

day of

February

, 2012.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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