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.)

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.

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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

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