Horton, Jr. v. USA

Filing 6

ORDER dismissing this action without prejudice by Judge Lewis T. Babcock on 12/15/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-03012-GPG
ARVELL HORTON, JR.,
Applicant,
v.
UNITED STATES OF AMERICA,
Respondent.

ORDER DISMISSING CIVIL CASE

Applicant, Arvell Horton, Jr., is a prisoner in the custody of the Colorado
Department of Corrections. On November 6, 2014, Mr. Horton submitted to the Court
pro se a “Motion to Dismiss and Relief From Final Judgment” (ECF No. 1). Although
Mr. Horton provided a criminal case number, 91-cr-276, the Court’s docketing records
do not list Mr. Horton as a defendant in that criminal case. Therefore, the instant civil
action was commenced and Mr. Horton was directed to cure certain deficiencies in
order to pursue his claims. On December 11, 2014, Mr. Horton filed a document titled
“Motion in Reply to the Court’s Order to Cure Deficiencies” (ECF No. 5) stating that the
original motion to dismiss was misconstrued. Upon further review, it now is evident that
Mr. Horton is a defendant in criminal case number 91-cr-276. Therefore, the instant civil
action will be dismissed without prejudice and the clerk of the Court will be directed to
file a copy of the “Motion to Dismiss and Relief From Final Judgment” (ECF No. 1) in
criminal case number 91-cr-276. Accordingly, it is

ORDERED that the instant action is dismissed without prejudice. It is
FURTHER ORDERED that the clerk of the Court file a copy of the “Motion to
Dismiss and Relief From Final Judgment” (ECF No. 1) in criminal case number 91-cr276.
DATED at Denver, Colorado, this 15th

day of

December

, 2014.

BY THE COURT:

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

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