Opinion
Civil Action No. 04-cv-02215-MSK-BNB.
December 13, 2005
ORDER DENYING MOTION TO REOPEN CASE AND STRIKING FILINGS
THIS MATTER comes before the Court on the Plaintiff's motion (#16) asking the Court to reopen this case. Also before the Court is the Plaintiff's "Motion for Order to Reopen Judicial Disqualification Order for Consolidation of Court Case Defendants Case Joinder" (#15). Having considered the same, the Court
FINDS and CONCLUDES that:
The Court dismissed the Plaintiff's claims on March 24, 2005, for failure to state any claims upon which relief may be granted. ( See #9). More than six months later, the Plaintiff filed a document entitled "Motion Change of Judge Order" (#12) which bore a caption for a case pending in the Fremont County Small Claims Court. This Court therefore issued an order (#14) striking such motion.
The Plaintiff recently filed several new documents in this case. Two (#15, #16) are motions, and two (#17, #18) do not clearly request any specific relief. Because she is pro se, the Court liberally construes her filings. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972).
The Plaintiff now moves (#16) the Court to reopen this case, apparently so that it can be consolidated with another closed case assigned to Chief Judge Babcock, Civil Action No. 00-cv-00250-LTB-OES. She has offered no legal basis for reopening this case. Therefore, the Court denies such request.
The Plaintiff has also filed a motion (#15) which appears to challenge Judge Blackburn's order (#4) of recusal. She also has filed documents bearing the following titles: "Order, From: The State of Colorado, Eleventh Judicial District Court, Fremont County, Colorado, Small Claims Court, Division 3 Courtroom, District Court Judge, Honorable Judge David M. Thorson, Presiding to: the United States District Court for the District of Colorado Honorable Judge Robert (Bob) E. Thorson" (#17), and "Plaintiff's Response to Judicial Order to Strike Motion for Change of Judge Order, Re-Motioning for Change of Judge Order" (#18). Because this case is closed, such motion and filings are stricken.
IT IS THEREFORE ORDERED that:
(1) The Plaintiff's motion (#16) asking the Court to reopen this case is DENIED.
(2) The following motion and documents are STRICKEN:
(a) Plaintiff's "Motion for Order to Reopen Judicial Disqualification Order for Consolidation of Court Case Defendants Case Joinder" (#15).
(b) The document entitled "Order, From: The State of Colorado, Eleventh Judicial District Court, Fremont County, Colorado, Small Claims Court, Division 3 Courtroom, District Court Judge, Honorable Judge David M. Thorson, Presiding to: the United States District Court for the District of Colorado Honorable Judge Robert (Bob) E. Thorson" (#17).
(c) The document entitled "Plaintiff's Response to Judicial Order to Strike Motion for Change of Judge Order, Re-Motioning for Change of Judge Order" (#18).