Free Order on Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:03-cv-02319-WDM-MJW

Document 148

Filed 10/19/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Walker D. Miller

Civil Action No. 03-cv-2319-WDM-MJW OLOYEA D. WALLIN, Plaintiff, v. CMI, et al., Defendants.

ORDER Miller, J. This matter is before me on Plaintiff' Motion for Relief from Order, pursuant to s Fed. R. Civ. P. 60(b). Plaintiff is seeking relief from an order issued by Judge Weinshienk on April 26, 2004, dismissing his first three claims. Although the order was issued some time ago, Plaintiff points to unusual circumstances as justification for the delay. As I noted in my June 8, 2005 order, Plaintiff never received Judge Weinshienk' order because he filed a notice of change of address on the same day s the order issued. Therefore, I provided a copy of Judge Weinshienk' order along with s my June 8, 2005 order. Judge Weinshienk dismissed Plaintiff' first three claims because she found s them barred under Heck v. Humphrey, 512 U.S. 477 (1994). In his motion, Plaintiff appears to argue that Heck' holding is somehow undermined by Wilkinson v. Dotson. s 125 S.Ct. 1242 (2005). However, Wilkinson merely reaffirmed the portion of Heck that

Case 1:03-cv-02319-WDM-MJW

Document 148

Filed 10/19/2005

Page 2 of 2

Judge Weinshienk relied on. See Wilkinson, 125 S.Ct. at 1247-48. Therefore, I find no reason to grant relief under Fed. R. Civ. P. 60(b). Accordingly, it is ordered that Plaintiff' Motion for Relief from Order Pursuant to s Fed. R. Civ. P. 60(b), filed October 3, 2005, (Docket #128) is denied. DATED at Denver, Colorado, on October 19, 2005. BY THE COURT:

/s/ Walker D. Miller United States District Judge

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