Holbach v. Murphy et al

Filing 24

ORDER by Magistrate Judge Charles S. Miller, Jr. finding as moot 20 Motion to Determine Constitutionality of N.D.C.C. 12.1-17-07.1, re "Stalking." (BG) Distributed to Mitchell David Holbach on 9/15/2009. (rs)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHWESTERN DIVISION ) ) Plaintiff, ) ORDER ) vs. ) ) Nancy Murphy, et. al., ) ) Case No. 4:08-cv-074 Defendant. ) _____________________________________________________________________________________ Plaintiff, Mitchell David Holbach (Holbach), initiated the above-entitled action on August 7, 2008. He filed a pro se complaint in which he claimed that the defendants, ninety-five in all, had conspired to violate his civil rights on at least thirteen different occasions. Pursuant to the undersigned's Report and Recommendation of September 24, 2008, the court dismissed the case on October 20, 2008. Judgment was entered accordingly. On November 14, 2008, Holbach filed a Notice of Appeal. On November 24, 2008, which was after this court lost jurisdiction over the case with the filing of the appeal, Holbach filed with this court a "motion to determine constitutionality of N.D.C.C. 12.1-17-07.1, re `Stalking.'" On August 13, 2009, the Eighth Circuit summarily affirmed this court's dismissal of the action. The purpose for the current order is to administratively term Holbach's outstanding motion ""motion to determine constitutionality of N.D.C.C. 12.1-17-07.1, re `Stalking,'"which is treated as motion to his amend complaint and DENIED as being MOOT given the dismissal of the action. IT IS SO ORDERED. Dated this 15th day of September, 2009. Mitchell David Holbach,

/s/ Charles S. Miller, Jr. Charles S. Miller, Jr. United States Magistrate Judge