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, )

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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

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