Moore v. Bennett et al

Filing 11

ORDER denying 9 Motion to Voluntarily withdraw this case. (note: due to clerical error, this order was inadvertently docketed only in cases 09-cv-361-slc and 09-cv-363-slc.) Signed by Chief Judge Barbara B. Crabb on 1/6/10. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------R O D N E Y C. MOORE, ORDER Plaintiff, 0 9 -c v -3 6 1 -s lc 1 v. D A N E COUNTY CLERK OF COURTS, D A N E COUNTY COURTHOUSE, H O N O R A BL E JUDGE STEVEN EBERT an d ERIC OCELOTT MONTES (Clerk), D efendan ts. --------------------------------------------R O D N E Y C. MOORE, ORDER Plaintiff, 0 9 -c v -3 6 3 -s lc v. G R ET CH EN HAYWARD, STATE OF WISCONSIN, D A N E COUNTY, CITY OF MADISON and D A N E COUNTY COURTHOUSE, D efendan ts. ---------------------------------------------

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I am assuming jurisdiction over these cases for the purpose of issuing this order.

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R O D N E Y C. MOORE, ORDER Plaintiff, 0 9 -c v -3 6 4 -s lc v. M A R K BENNETT, STATE OF WISCONSIN, C O L U M B IA COUNTY COURTHOUSE, JA N E KOHLWAY, MARK LAWTON an d CITY OF PORTAGE, D efendan ts. --------------------------------------------O n July 20, 2009, I issued three separate orders dismissing each of the abovecaptioned cases because plaintiff Rodney Moore failed to state a claim upon which relief can be granted. In each case he brought claims regarding criminal proceedings that are barred u nd er Heck v. Humphrey, 512 U.S. 477 (1994), and Preiser v. Rodriguez, 411 U.S. 475 (1 9 7 3). Judgment was entered in each case. On November 2, 2009, plaintiff filed a motion to voluntarily dismiss all three cases. The motion is dated June 30, 2009. He explains that he tried to send it to the court in July and August 2009 but was "denied." Plaintiff's explanation is very difficult to believe, particularly because the dockets in plain tiff's numerous cases before this court show that he was able to file other papers in July an d August 2009, including other motions in these cases in which he clearly indicates his desire to continue litigating them rather than having them dismissed. Accordingly, plaintiff's

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m o tio n to voluntarily withdraw these cases is DENIED. As Magistrate Judge Crocker's June 18 , 2009 order in these cases explains, plaintiff owes the $350 filing fee in each case. Entered this 6t h day of January, 2010. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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