Opinion
Civil Case No. 10-cv-00483-REB-BNB
12-12-2012
CHRIS TILLOTSON, Plaintiff, v. T. J. McCOY, Defendant.
Magistrate Judge Boyd N. Boland
ORDER
This matter arises on two letters filed by the plaintiff [Docs. ## 75 and 77] (the "Letters"). The Letters are STRICKEN.
On November 19, 2010, this action was dismissed without prejudice for failure to effect timely service of process and failure to prosecute [Doc. #71]. The plaintiff requests that the court reopen the case and allow the plaintiff "to be heard by the court" on the merits of the case.
The Letters do not address the plaintiff's failure to prosecute and failure to serve the defendant, nor do they provide any basis for reopening the case.
On April 8, 2010, I advised the plaintiff that he could not make requests to the court by filing letters and that all filings made in this court must contain the case caption [Doc. #17]. I ordered him to submit all future requests in the form of a motion in compliance with Rule 7, Fed. R. Civ. P. The plaintiff subsequently filed two letters requesting relief from the court [Doc. #22, filed 04/28/2010 and Doc. #24, filed 05/04/2010].
On May 6, 2010, I again directed the plaintiff to cease filing letters with the court and informed him that "[a]ll requests for court orders shall be filed as motions. All motions and other papers filed with this court shall contain the case caption." [Doc. #26]. I cautioned the plaintiff that "[p]apers that are not filed in compliance with Rule 7 and this order will be stricken." On May 14, 2010, the plaintiff filed a letter seeking relief from the court [Doc. #29]. The letter was stricken on May 18, 2010 [Doc. #32]. On July 13, 2010, the plaintiff filed another letter seeking relief from the court [Doc. #36]. This letter was stricken on July 16, 2010 [Doc. #38].
My orders notwithstanding, the plaintiff has filed the Letters. They are not in the form of a motion. Accordingly,
IT IS ORDERED that the Letters are STRICKEN.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge