Opinion
Case No. 4:08-cv-074.
September 15, 2009
ORDER
Plaintiff, Mitchell David Holbach (Holbach), initiated the above-entitled action on August 7, 2008. He filed a pro se complaint in which he claimed that the defendants, ninety-five in all, had conspired to violate his civil rights on at least thirteen different occasions. Pursuant to the undersigned's Report and Recommendation of September 24, 2008, the court dismissed the case on October 20, 2008. Judgment was entered accordingly.
On November 14, 2008, Holbach filed a Notice of Appeal. On November 24, 2008, which was after this court lost jurisdiction over the case with the filing of the appeal, Holbach filed with this court a "motion to determine constitutionality of N.D.C.C. 12.1-17-07.1, re `Stalking.'" On August 13, 2009, the Eighth Circuit summarily affirmed this court's dismissal of the action. The purpose for the current order is to administratively term Holbach's outstanding motion "motion to determine constitutionality of N.D.C.C. 12.1-17-07.1, re `Stalking,'"which is treated as motion to his amend complaint and DENIED as being MOOT given the dismissal of the action.