Miller v. Fremont County District Court et al

Filing 26

MINUTE ORDER denying as moot 25 Motion to Proceed - Refile. The clerk of the Court is directed to strike any future filings in this closed action. By Judge Lewis T. Babcock on 5/8/13. (mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-03366-LTB
GARY ROBERT MILLER,
Plaintiff,
v.
FREMONT COUNTY DISTRICT COURT, and
DISTRICT JUDGE JULIE G. MARSHALL,
Defendants.

MINUTE ORDER
ORDER ENTERED BY SENIOR JUDGE LEWIS T. BABCOCK
This matter is before the Court on the motion titled “Motion to Proceed - Refile”
that Plaintiff filed pro se on May 3, 2013. See ECF No. 25. Plaintiff clarifies in the
notice also filed on May 3 (ECF No. 24) that he intended the motion to be filed in the
instant action and in Miller v. Biker, No. 12-cv-03131-LTB (D. Colo. Jan. 8, 2013).
Plaintiff previously filed a similar motion on November 28, 2012. See ECF No.
21. This case is closed. The complaint and the action were dismissed without
prejudice on February 13, 2012, as barred by the rule in Heck v. Humphrey, 512 U.S.
477 (1994). ECF No. 9. Judgment was entered on the same day. ECF No. 10. Filings
will not be considered after the dismissal of a case. Therefore, the motion Plaintiff filed
on May 3 is DENIED as moot, and will not be addressed further. The clerk of the Court
is directed to strike any future filings in this closed action.
Dated: May 8, 2013