Sellers v. Kelly Services Inc. et al

Filing 54

MINUTE ORDER denying as moot 53 Unopposed Motion For Relief by Judge Wiley Y. Daniel on 01/14/13.(jjhsl, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-03416-WYD-KLM
MICHAEL M. SELLERS,
Plaintiff,
v.
KELLY SERVICES INC., and,
IBM CORPORATION,
Defendants.

MINUTE ORDER
ORDER ENTERED BY SENIOR JUDGE WILEY Y. DANIEL
THIS MATTER is before the Court on plaintiff, Michael M. Sellers’s, Minute Order
Unopposed Motion For Relief [ECF No. 53], filed on January 11, 2013.
On September 20, 2012, I issued an Order Affirming And Adopting Magistrate
Judge’s Recommendation [ECF No. 48]. In that Order, I affirmed and adopted
Magistrate Judge Nix’s recommendation and dismissed Sellers’s Amended Complaint
[ECF No. 7] without prejudice. The same day, the Clerk of Court’s Office issued a
judgment which dismissed this action without prejudice [ECF No. 49]. Both the
September 20, 2012, Order [ECF No. 48] and the Clerk of Court’s Judgment [ECF No.
49] were returned to the Court as “undeliverable” [ECF Nos. 50 & 51]. Sellers did not
file a notice of change of address with the Court until January 11, 2013 [ECF No. 52],
which was after the Court rendered judgment for the defendants. Because Sellers did
not timely file a notice of change of address, and because this action was dismissed
without prejudice on September 20, 2012, it is
ORDERED that Sellers’s motion [ECF No. 53] is DENIED AS MOOT.
Dated: January 14, 2013.