Black v. New Jersey Government et al

Filing 103

ORDER denying 99 Motion to Make Known and denying 100 Motion for Default Judgment. The Clerk of Court is DIRECTED to dispense with taking any new materials into the record of this case. Signed by Senior Judge James C. Fox on 2/29/2012. Copy mailed to the plaintiff via regular mail. (Edwards, S.)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No.5:08-CV-193-F JOHN D. BLACK, Plaintiff, v. NEW JERSEY GOVERNMENT, CITY OF NEW ARK a municipal corporation Of the state ofN J RONALD RICE New Jersey State senator/HOMEDEPORE, N J N.J MOTOR VHICLE SERVICEI COMMISSIONI SHARP JAMES (X) CORY BOOKER, Mayor ofNewwark, N J Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER This matter is before the court on the "Motion to Make Known" [DE-99] and "Motion for Default Judgment" [DE-IOO] filed by the pro se Plaintiff. Although neither document is a model of clarity, it appears that Plaintiff seeks relief on the basis that he received a letter from the Clerk of Court with an envelope stamped "special mail open only in the inmate's presence." Plaintiff appears to believe that he should not have been charged the $455 filing fee in connection with his appeal in this matter. Plaintiff's requests for relief are DENIED. There is no question that Plaintiff received an envelope that inadvertently was stamped as "inmate mail." That does not mean, however, that Plaintiff is entitled to any relief. The amount of the fee he was required to pay in connection with his appeal was not contingent upon his status as a non-inmate. Other than an apology for any confusion the stamped envelope may have caused-which Plaintiff already has received from the Clerk of Court-Plaintiff is not entitled to any relief. Plaintiff continues to file motions and documents in this case, despite the fact that judgment was entered in this case on March 4, 2009. Plaintiff filed a notice of appeal on March 20,2009. The Fourth Circuit Court of Appeals dismissed Plaintiffs appeal on October 19,2009. Since that date, Plaintiff has filed at least ten motions or letters requesting various relief from this court. See Docket Entries 66, 68, 69, 72, 73, 75, 78, 84, 88, 99, 100. This case, however, is closed, and the court cannot resurrect the case after the issuance of the Fourth Circuit's mandate. Therefore, the Clerk of Court is DIRECTED to dispense with taking any new materials into the record of this case. SO ORDERED. This the 29th day of February, 2012. es C. Fox enior United States District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?