Jennings v. Lee

Filing 21

ORDER. ORDERED that plaintiff's Motion to Compel 18 is DENIED. ORDERED that plaintiff's Motion to Compel 20 is DENIED. Signed by Judge Philip A. Brimmer on 04/04/16.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 15-cv-01248-PAB
JAMES E. JENNINGS,
Plaintiff,
v.
MICHELE K. LEE, Deputy Under Secretary of Commerce for Intellectual Property, and
DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE,
Defendants.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter is before the Court on plaintiff’s Motions to Compel [Docket Nos. 18
and 20]. In light of plaintiff’s pro se status, the Court construes his filings liberally.
Haines v. Kerner, 404 U.S. 519, 520 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 &
n.3 (10th Cir. 1991).
In both motions, plaintiff asks the Court to consolidate this case with two others,
Jennings v. Lee, 15-cv-01263-PAB, and Jennings v. Lee, 15-cv-01914-LTB, pursuant to
Fed. R. Civ. P. 42(a). Docket No. 18 at 2; Docket No. 20 at 2. Rule 42(a) of the
Federal Rules of Civil Procedures provides that “[i]f actions before the court involve
common questions of law or fact, the court may . . . consolidate the actions.” Fed. R.
Civ. P. 42(a)(2).
On December 8, 2015, the Court dismissed this case, Docket No. 17 at 2, and
on December 14, 2015, final judgment entered for defendants. Docket No. 19. This

case is closed. Therefore, this case is not properly considered a pending case for
purposes of Fed. R. Civ. P. 42(a).
Accordingly, it is
ORDERED that plaintiff’s Motion to Compel [Docket No. 18] is DENIED. It is
further
ORDERED that plaintiff’s Motion to Compel [Docket No. 20] is DENIED.

DATED April 4, 2016.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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