Blount v. Oliver

Filing 3

ORDER DISMISSING CASE. The Petition and filing fee, ECF No. 1 , filed on June 26, 2014, is ordered filed in Case No. 14-cv-01638-BNB. The case is dismissed without prejudice and the Clerk of the Court is instructed to close the action. By Judge Lewis T. Babcock on 7/2/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01779-BNB

KEITH BLOUNT,
Applicant,
v.
J. OLIVER, Warden,
Respondent.

ORDER DISMISSING CASE

Applicant, Keith Blount, acting pro se, submitted to the Court for filing a Petition
for Writ of Habeas Corpus and a $5 filing fee. Although the Petition did not have a civil
action number noted on its face, it is evident that Applicant intended to submit the
Petition and $5 filing fee in Case No. 14-cv-01638-BNB in an effort to cure the
deficiencies noted by the Court in an order, ECF No. 3, filed on June 12, 2014. Also,
the claims raised in the Petition filed in this action are the same as those filed in Case
No. 14-cv-01638-BNB. Inadvertently the instant action was commenced.
The Court, therefore, will dismiss the instant action without prejudice and instruct
the Clerk of the Court to file in Case No. 14-cv-01638-BNB the Petition and the $5 filing
fee that was used to open this case. Accordingly, it is
ORDERED that the Petition and filing fee, ECF No. 1, filed on June 26, 2014, is
ordered filed in Case No. 14-cv-01638-BNB. It is

FURTHER ORDERED that the case is dismissed without prejudice and the Clerk
of the Court is instructed to close the action.
DATED at Denver, Colorado, this

2nd day of

July

, 2014.

BY THE COURT:

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

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