Bacote et al v. Federal Bureau of Prisons et al
ORDER Striking 455 Mr. Bacote's Motion for Order Confirming [that he] Appropriately Exercised his Right Not to Be Bound by Settlement Agreement, by Judge Christine M. Arguello on 4/10/2020.(evana, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 12-cv-01570-CMA-MEH
HAROLD CUNNINGHAM, et al.,
FEDERAL BUREAU OF PRISONS,
ORDER STRIKING IMPROPER MOTION
This matter is before the Court on Michael Bacote, Jr.’s Motion for Order
Confirming [that he] Appropriately Exercised his Right Not to Be Bound by Settlement
Agreement. (Doc. # 455.) For the following reasons, the Motion is stricken.
This case involves a class action that was resolved by a settlement agreement.
After the Court accepted the agreement, this case was dismissed with prejudice, and
the Clerk of the Court entered final judgment on January 17, 2017. (Doc. ## 398, 399.)
Nearly three years later, Mr. Bacote filed the instant Motion in which he requests “that
this Court affirm that he has exercised his statutory right not to be bound by the
settlement agreement . . . .” (Doc. # 455 at 1.)
“It is fundamental that federal courts do not render advisory opinions and that
they are limited to deciding issues in actual cases and controversies.” Alexander v.
Mullarkey, 340 F. App'x 455, 457 (10th Cir. 2009) (quoting United States v. Burlington
N. R.R., 200 F.3d 679, 699 (10th Cir. 1999)). In fact, “[t]he rule against advisory
opinions is ‘the oldest and most consistent thread in the federal law of justiciability.’” Ctr.
for Biological Diversity v. United States Forest Serv., 925 F.3d 1041, 1047 (9th Cir.
2019) (quoting Flast v. Cohen, 392 U.S. 83, 96 (1968)). Because the Court entered a
final judgment that resolved this dispute years ago, there is no case or controversy
currently pending. Therefore, the relief Mr. Bacote is seeking would constitute an
impermissible advisory opinion.
Based on the foregoing, Mr. Bacote’s Motion for Order Confirming [that he]
Appropriately Exercised his Right Not to Be Bound by Settlement Agreement (Doc. #
455) is STRICKEN.
DATED: April 10, 2020
BY THE COURT:
CHRISTINE M. ARGUELLO
United States District Judge
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