Adams v. Wiley

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

Court: United States District Court, D. Colorado

Date published: Apr 8, 2008

Civil Action No. 08-cv-00538-BNB (D. Colo. Apr. 8, 2008)

Opinion

Civil Action No. 08-cv-00538-BNB.

April 8, 2008

ORDER

ZITA WEINSHIENK, Senior District Judge

Applicant Eric Adams, on March 31, 2008, filed a pro se "Motion Pursuant to Fed.R.Civ.P. 54(b)." In the Motion, Mr. Adams asserts that the March 17, 2008, Order entered by Magistrate Judge Boyd N. Boland incorrectly requires him to file his claims on a Court-approved form used in filing 28 U.S.C. § 2241 actions. The Motion is improper. For the reasons stated below, the Motion Pursuant to Fed.R.Civ.P. 54(b) will be construed properly as an Objection to the March 17, 2008, Order and will be overruled.

Pursuant to 28 U.S.C. § 636(b)(1)(A) a judge may reconsider any pretrial matter designated to a magistrate judge to hear and determine where it has been shown that the magistrate judge's order is clearly erroneous or contrary to law. The Court has reviewed the file and finds that Magistrate Judge Boland's March 17, 2008, Order is not clearly erroneous or contrary to law. As explained by Magistrate Judge Boland, Applicant must file his § 2241 claims on a Court-approved form. To the extent that Mr. Adams seeks to challenge his criminal conviction in the United States District Court for the Eastern District of New York and such a challenge is appropriate, he is able to complete the portions of the form that are relevant and set forth his claims in a simple and concise manner pursuant to Rule 8 of the Federal Rules of Civil Procedure. Simply because Mr. Adams claims to be "keen and pragmatic in jurisprudence," (Mot. Minus Court Form at 2), he is not exempt from presenting his claims to the Court on a Court-approved form. Accordingly, it is

ORDERED that the "Motion Pursuant to Fed.R.Civ.P. 54(b)" is construed as an Objection filed pursuant to 28 U.S.C. § 636(b)(1)(A) and is overruled. It is

FURTHER ORDERED that Applicant shall have thirty days from the date of this Order to comply with the March 17, 2008, Order as directed. It is

FURTHER ORDERED that the Clerk of the Court mail to Applicant, together with a copy of this Order, two copies of the following form: Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241.