Jackson v. Davis

Full title: DAVID L. JACKSON, Applicant, v. BLAKE R. DAVIS, Respondent

Court: United States District Court, D. Colorado

Date published: Jun 11, 2009

Civil Action No. 09-cv-00171-ZLW (D. Colo. Jun. 11, 2009)

Opinion

Civil Action No. 09-cv-00171-ZLW.

June 11, 2009

ORDER

ZITA WEINSHIENK, Senior District Judge

Applicant David L. Jackson is in the custody of the United States Bureau of Prisons and currently is incarcerated at the United States Penitentiary in Florence, Colorado. The matter before the Court is the Letter that Mr. Jackson, a pro se litigant, filed on June 4, 2009, in the instant action. In the Letter, Mr. Jackson requests that a filing fee submitted to the Court in a new action he alleges he initiated on April 2, 2009, be transferred to the instant action. Mr. Jackson also requests a status report on the disposition of the instant action, and the action he sought to initiate on April 2, 2009.

First, the Court did not initiate a new action with respect to the application form that Mr. Jackson filed on April 2, 2009. The Court also has no record of a $5.00 filing fee being submitted to the Court with the application form submitted on April 2, 2009. Furthermore, since Mr. Jackson failed to submit a filing fee in the instant action within the time he was instructed to do so, the instant action was dismissed on June 4, 2009.

The Court also notes that Mr. Jackson requested reinstatement of the instant case on March 16, 2009, which the Court did on April 1, 2009. There was no indication that the application form he filed on April 2, 2009, was intended to initiate a new action. The April 2, 2009, application form included the exact same claims that Mr. Jackson submitted in the application form he filed on January 21, 2009, to initiate the instant action.

The Court will not reinstate this case. Mr. Jackson is directed to file a new action if he desires to pursue the claims he asserts in the instant action. Accordingly, it is

ORDERED that in response to Mr. Jackson's Letter, filed on June 4, 2009, no $5.00 filing fee was filed with the application form on April 2, 2009. It is

FURTHER ORDERED that the Court will not reinstate the instant action, and Mr. Jackson is directed to file a new action if he desires to pursue the claims he asserts in the instant action.