Opinion
2:05-CV-01267-PMP-GWF.
November 30, 2010
ORDER
On January 26, 2006, this Court entered an Order (Doc. #9) granting Defendants' Motion to Dismiss Plaintiff's Complaint. On February 22, 2006, the Court entered judgment in favor of Defendants and against Plaintiff (Doc. #10). No appeal was taken by Plaintiff Bacon from the ruling of this Court dismissing his Complaint.
Nearly, five years later, on November 19, 2010, Plaintiff Bacon filed the following three Motion's:
(Doc. #16) Motion to Amend/Correct Complaint;
(Doc. #17) Motion for Stipulation to Extend Time Beyond the Five Year Statute of Limitations to Bring a Matter to Trial; and
(Doc. #18) Motion for an Order to Instruct the Clerk to Furnish Plaintiff with Six File-Stamped Copies of Amended Complaint.
Having read and considered the foregoing, the Court finds the above Motions are not appropriately filed in this action which has been closed for nearly a half of decade. If Plaintiff Bacon believes he has a basis for filing a new lawsuit, he certainly may attempt to do so. However, trying to amend the complaint in a case which was dismissed in January 2006 is inappropriate.
IT IS THEREFORE ORDERED that Plaintiff Percy Bacon's Motion to Amend/Correct Complaint (Doc. #16), Motion for Stipulation to Extend Time Beyond the Five Year Statute of Limitations to Bring a Matter to Trial (Doc. #17), and Motion for an Order to Instruct the Clerk to Furnish Plaintiff with Six File-Stamped Copies of Amended Complaint (Doc. #18) are DENIED.
DATED: November 29, 2010.