Stine v. Daniel et al
DENIAL OF PETITION re: 1 Letter filed by Mikeal Glenn Stine, by Judge Lewis T. Babcock on 7/5/12. (lswsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01688-BNB
MIKEAL GLENN STINE,
HON. WILEY Y. DANIEL, Chief Judge, and
HON. ERIC HOLDER, United States Attorney General,
DENIAL OF PETITION
Plaintiff, Mikeal Glenn Stine, is in the custody of the United States Bureau of
Prisons (BOP) and currently is incarcerated at ADX Florence. Mr. Stine, acting pro se,
has submitted a Letter to the Court regarding the conditions of his confinement. Mr.
Stine is an experienced pro se litigant and is aware that the only proper way to
communicate with the Court is to file an action. The Court, therefore, construes the
Letter as an attempt by Mr. Stine to present an action to this Court for consideration
without having to seek the Court’s permission pursuant to Stine v. Lappin, et al., No. 07cv-01839-WYD-KLM, ECF No. 344 at 30-32 (D. Colo. Sept. 1, 2009).
The Court has reviewed the Letter Mr. Stine has filed and finds that he has not
complied with the requirements of his filing restrictions in Case No. 07-cv-01839-WYDKLM. Mr. Stine is required to submit three separate documents that include specific
information, including (1) the Petition Pursuant to Court Order; (2) an affidavit; and (3) a
prisoner complaint form that contains the claims he desires to raise. Mr. Stine’s Letter
does not contain any of the specific information he is required to provide to the Court.
Even if Mr. Stine had submitted the required information, he is not permitted to
have more than one petition pending at the same time or submit more than one petition
per month. See Case No. 07-cv-01839-WYD -KLM, Doc. No. 344 at 31. Currently, Mr
Stine has a petition pending in Case No. 12-cv-01504-BNB.
Based on these findings, Mr. Stine will be denied leave to proceed with this
action. Accordingly, it is
ORDERED that the Letter, ECF No. 1, is construed as a petition to proceed with
this action and is DENIED without prejudice.
DATED at Denver, Colorado, this
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Judge
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