Brouwer v. USA

Filing 22

MINUTE ORDER denying 20 Motion to Re-Designate Case, by Magistrate Judge Kristen L. Mix on 1/23/2013.(skl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02191-KLM
CARL HARVEY BROUWER,
Petitioner,
v.
USA,
Respondent.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Petitioner’s Unopposed Motion to Re-Designate
Case [Docket No. 20; Filed January 18, 2013] (the “Motion”). Petitioner requests that this
case, which was opened as a civil action, be re-designated as a miscellaneous action.
Petitioner contends that because the case was initiated through the filing of a motion as
opposed to a pleading, it should be designated as a miscellaneous action.
The criterion identified by Petitioner is not determinative of whether a case is opened
as a civil action or a miscellaneous action. Here, the Court has held a scheduling
conference, set discovery deadlines and limitations, and ordered a briefing schedule for the
Motion to Set Aside Declaration of Forfeiture. Because this case is following a similar
pattern to other civil cases, the Court finds that the Clerk of Court properly designated this
matter as a civil action. Accordingly,
IT IS HEREBY ORDERED that the Motion [#20] is DENIED.
Dated: January 23, 2013