Free Order on Motion to Stay - District Court of Colorado - Colorado

Case 1:04-cv-00215-WDM-MJW

Document 334

Filed 10/12/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WALKER D. MILLER Civil Action No. 04-cv-00215-WDM-MJW OLOYEA D. WALLIN, Plaintiff, v. HOYT BRILL, et al., Defendants.

ORDER ON MOTION FOR STAY Miller, J. This matter is before me on the Motion to Stay Order on Costs and Motion for Excusable Neglect for Late Filing (doc no 332). On March 13, 2007, I accepted the recommendation of Magistrate Judge Michael J. Watanabe and entered summary judgment against Plaintiff on his federal claim and dismissed without prejudice his state law claims (doc no 320). Costs in the amount of $243.60 were awarded against Plaintiff (doc no 331). Plaintiff now seeks to stay execution on those costs until the resolution of his pending appeal pursuant to Fed. R. Civ. P. 62. I see no basis for granting the stay and, accordingly, Plaintiff's motion is denied. DATED at Denver, Colorado, on October 12, 2007. BY THE COURT:

s/ Walker D. Miller United States District Judge