Isberg v. Colorado Dept of Corrections

Full title: DAVID H. ISBERG, Plaintiff, v. COLORADO DEPT OF CORRECTIONS, COLORADO…

Court: United States District Court, D. Colorado

Date published: Nov 19, 2009

Civil Action No. 09-cv-02131-BNB (D. Colo. Nov. 19, 2009)

Opinion

Civil Action No. 09-cv-02131-BNB.

November 19, 2009

ORDER

ZITA WEINSHIENK, Senior District Judge

This matter is before the Court on Plaintiff's "Motion to Habeas Corpus Ad Faciendum Et Recipiendum," filed on September 8, 2009 (Doc. # 4).

Liberally construed, the Motion apparently seeks the removal to this Court of Case No. 08cv1132, a civil case filed in the Twentieth Judicial District in the County of Boulder, Colorado. The Court has reviewed the liberally construed Motion and finds that it is deficient for several reasons. Only defendants may remove an action from state court. See 28 U.S.C. § 1446(a). Further, Mr. Isberg fails to set forth "a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action." Id. Therefore, the Motion will be denied. Accordingly, it is

ORDERED that the "Motion to Habeas Corpus Ad Faciendum Et Recipiendum" is DENIED.