Adams v. Wiley

Full title: ERIC ADAMS, Applicant, v. R. WILEY Respondent

Court: United States District Court, D. Colorado

Date published: Oct 18, 2007

Civil Action No. 07-cv-01357-ZLW (D. Colo. Oct. 18, 2007)

Opinion

Civil Action No. 07-cv-01357-ZLW.

October 18, 2007

ORDER

ZITA WEINSHIENK, Senior District Judge

On October 5, 2007, Applicant Eric Adams, a federal prisoner, submitted to the Court a pro se "Motion Pursuant to Rule 59(e)." Subsequently on October 10, 2007, Applicant filed an "Amendment of Motion Pursuant to Rule 59(e)." Although Applicant has filed the Motion and Amendment pursuant to Fed.R.Civ.P. 59(e), the Motion and Amendment simply are successive objections to the Court's determination that the instant action more properly is filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics , 403 U.S. 388 (1971), as opposed to 28 U.S.C. § 2241.

The Court finds Mr. Adams' Motion and Amendment are redundant, unnecessary, and malicious. Applicant is directed to refrain from filing such filings with the Court. His filings border on being malicious and may subject him to possible sanctions. Accordingly, it is

ORDERED that Plaintiff's Motion Pursuant to Rule 59(e), filed October 5, 2007, and his Amendment of Motion Pursuant to Rule 59(e), filed October 10, 2007, are DENIED.