Eller v. Hartley et al

Filing 31

MINUTE ORDER denying 30 Motion to Proceed with U.S.C. § 1983 by Judge Lewis T. Babcock on 2/24/15.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02029-LTB
WILLIAM ELLER,
Plaintiff,
v.
STEVE HARTLEY,
DARYL VIGIL,
RENEE APODACA,
MR. BICHA, Name Unknown,
MR. POUNDS, Name Unknown,
PENNY SPEARING, and
GLENNA CLAUNCH,
Defendants.

MINUTE ORDER
ORDER ENTERED BY SENIOR JUDGE LEWIS T. BABCOCK
This action was dismissed without prejudice on January 6, 2015. (See ECF Nos.
25, 26). Pursuant to Mr. Eller’s request, the Court directed the clerk’s office to mail to
Plaintiff a Prisoner Complaint packet so that he could initiate a new § 1983 action. (See
ECF Nos. 27-29). On February 5, 2015, Mr. Eller filed a “Motion to Proceed with U.S.C.
§ 1983" (ECF No. 30). The motion is DENIED as unnecessary. Mr. Eller is welcome to
file a new § 1983 action in this Court. The Prisoner Complaint should not be filed in this
case, which has been terminated. Instead, Mr. Eller may initiate a new civil action.
Dated: February 24, 2015