Gravley v. Berkibile

Filing 10

ORDER overruling 7 Motion to Reconsider by Judge Lewis T. Babcock on 9/18/13.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-02379-BNB
DWAUNE GRAVLEY,
Applicant,
v.
HON. D. BERKIBILE,
Respondent.

ORDER OVERRULING OBJECTION

This matter is before the Court on the motion titled “Motion to Reconsider” (ECF
No. 7) filed pro se on September 16, 2013, by Applicant, Dwaune Gravley. Mr. Gravley
is a prisoner in the custody of the Federal Bureau of Prisons who currently is
incarcerated at the United States Penitentiary, Administrative Maximum, in Florence,
Colorado.
In the motion to reconsider, Mr. Gravley objects to Magistrate Judge Boyd N.
Boland’s order of September 5, 2013 (ECF No. 4), directing him to file an amended
application that complied with the pleading requirements of Rule 8 of the Federal Rules
of Civil Procedure and with Rules 2(c)(1) and 2(c)(2) of the Rules Governing Section
2254 Cases in the United States District Courts.
The Court must construe liberally the September 16 objection because Mr.
Gravley is not represented by an attorney. See Haines v. Kerner, 404 U.S. 519, 520-21
(1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the Court

should not be an advocate for a pro se litigant. See Hall, 935 F.2d at 1110. For the
reasons stated below, the motion to reconsider will be treated as an objection, and will
be overruled.
Pursuant to 28 U.S.C. § 636(b)(1)(A) a judge may reconsider any pretrial matter
designated to a magistrate judge to hear and determine where it has been shown that
the magistrate judge’s order is clearly erroneous or contrary to law. The Court has
reviewed the file and finds that Magistrate Judge Boland’s September 5 order is not
clearly erroneous or contrary to law. Moreover, the objection is moot because Mr.
Gravley filed the amended application on September 13, 2013. See ECF No. 5.
Therefore, the objection will be overruled.
Accordingly, it is
ORDERED that the motion titled “Motion to Reconsider” (ECF No. 7) filed pro se
on September 16, 2013, by Applicant, Dwaune Gravley, and which the Court has
construed liberally as an objection pursuant to 28 U.S.C. § 636(b)(1)(A), is overruled.
DATED at Denver, Colorado, this

18th

day of

September

, 2013.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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