Davis v. U.S. Attorney General, et al

Filing 79

MINUTE ORDER: The 77 Motion Requesting To: Refiled filed 6/23/2014 and the 78 Letter filed by plaintiff on 11/17/2014 is GRANTED in part. If plaintiff seeks to assert new claims in a lawsuit, he must file a new case and may not assert such claims in the above-captioned closed case. Otherwise, the relief requested in the Motion Requesting To: Refiled and the letter filed 11/17/2014 is DENIED. By Judge Robert E. Blackburn on 2/27/2015. (Attachments: # 1 1983 Form, # 2 IFP Form)(alowe)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 12-cv-02122-REB-KMT ALTON DAVIS, Plaintiff, v. ERIC HOLDER, et al., Defendant. MINUTE ORDER1 The matters before the court are: (1) the Motion Requesting To: Refiled [#77]2 filed June 23, 2014; and (2) the letter [#78] filed by the plaintiff, Alton Davis, on November 17, 2014. Mr. Davis requests, inter alia, permission to re-file his case and asks that the court send him the forms necessary to file a new case. The above-captioned case was dismissed by this court and, after filing an appeal of that dismissal, Mr. Davis withdrew his appeal. After reviewing the motion, the file, and the record, it is ORDERED as follows: 1. That the relief requested in the Motion Requesting To: Refiled [#77] filed June 23, 2014, and the letter [#78] filed by the plaintiff on November 17, 2014, is GRANTED in part; 2. That the clerk of the court SHALL MAIL to the plaintiff, Alton Davis, a copy of the court’s form of Prisoner Complaint and a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 at the most recent address of record for the plaintiff; 3. That if the plaintiff seeks to assert new claims in a lawsuit, he must file a new case and may not assert such claims in the above-captioned closed case; and 4. That otherwise, the relief requested in the Motion Requesting To: Refiled [#77] filed June 23, 2014, and the letter [#78] filed by the plaintiff on November 17, 2014, is DENIED. Dated: February 27, 2015. 1 This minute order is issued pursuant to the express authority of the Honorable Robert E. Blackburn, United States District Judge for the District of Colorado. 2 “[#77]” is an example of the convention I use to identify the docket number assigned to a specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this convention throughout this order.

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