Calbart v. Zimmer Inc et al

Filing 4

ORDER CLOSING CASE by Judge Lewis T. Babcock on 1/29/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00197-GPG
ERNIE LEE CALBART,
Plaintiff,
v.
ZIMMER, INC.,
ZIMMER HOLDINGS, INC., and
ZIMMER ORTHOPEDIC SURGICAL PRODUCTS, INC.
Defendants.

ORDER CLOSING CASE

Plaintiff, Ernie Lee Calbart, is in the custody of the Colorado Department of
Corrections at the Correctional Facility in Sterling, Colorado. Mr. Calbart initiated this
action on January 26, 2015, by filing a Prisoner Complaint. (ECF No. 1). Attached as
an exhibit to the Complaint is a January 11, 2015 Order issued by the United States
District Court for the Northern District of Illinois transferring a similar action filed by
Plaintiff in that Court to the District of Colorado. (ECF No. 1-2). Upon receipt of the
Prisoner Complaint, and the attached transfer order, the Clerk of the Court opened this
civil action.
On January 27, 2015, the Clerk of the Court opened Ernie Lee Calbart v. Zimmer,
Inc., et al., Case No. 16-cv-00210-GPG, with the January 11, 2016 transfer order from the
Northern District of Illinois, along with the Complaint and motion for leave to proceed in
forma pauperis filed in that action. (ECF Nos. 1, 3 and 4).
Because Civil Action Nos. 16-cv-00197-GPG and 16-cv-00210-GPG are the
same, the Court will close this case. Accordingly, it is
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ORDERED that the Prisoner Complaint (ECF No. 1) shall be transferred to Civil
Action No. 16-cv-00210-GPG. It is
FURTHER ORDERED that Order Directing Plaintiff to Cure Deficiency (ECF No.
3) is VACATED. It is
FURTHER ORDERED that this case is CLOSED.
DATED January 29, 2016, at Denver, Colorado.
BY THE COURT:

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

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