Opinion
Civil Action No. 92-K-1470.
January 27, 2010
ORDER
re Docs. 368, 369 filed by former Plaintiff Bernard Horne aka Ernest Brim
The documents — a cover letter (Doc. 368) and filing entitled "Emergency Declaratory Judgment, Temporary Restraining Order, Injunctive Relief Permanent/Temporary Orders" (Doc. 369) — filed January 26, 2010 by former plaintiff Bernard Horne in this case, are STRICKEN and the implied requests for relief set forth therein DENIED. Mr. Horne (aka Ernest Brim) was dismissed as a party to this action in 1997 and his appeal to the Tenth Circuit dismissed. The case itself, which was filed by Plaintiffs individually and was never a class action, was dismissed pursuant to those Plaintiffs' 1997 Stipulation and Settlement and has long been closed. There is no pending case in which to move for relief and no ongoing jurisdiction of this Court to afford it. Even if there were, Mr. Horne lacks standing to pursue any such relief. Mr. Horne's remedy, if any, must be sought in a new action.
The clerk of the court shall mail a copy of this Order Mr. Horne along with two copies of the following forms: Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915; Prisoner's Civil Rights Complaint. The Court will accept no further filings in Civil Action No. 92-cv-1470.