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Bankruptcy Withdrawal | Colorado
Order on Motion to Withdraw Reference Order on Motion for Leave Order on Motion for Miscellaneous Private Order on Motion to Amend/Correct/Modify Order on Motion for Leave to Appeal In Forma Pauperis
ORDER Plaintiff commenced this action by filing a Motion to Withdraw the Reference Pursuant to 28 U.S.C. s 157(d), FED. R. BANKR. P. 5011, AND STERN v. MARSHALL, 564 U.S. 462 (2011). The Motion appears to be the exact motion he previously filed in another case in this Court, Civil Action No. 25-cv-02479-SKC, which was a bankruptcy appeal. In any event, the Motion is an improper initiating document, even giving it a liberal construction based on Plaintiff proceeding pro se. Rule 3 of the Federal Rules of Civil Procedure expressly provides that [a] civil action is commenced by filing a complaint with the court. Plaintiffs Motion may not be liberally construed as a complaint, particularly since it appears to be a copy of a motion he filed in his earlier bankruptcy appeal to this Court. Therefore, the Motion (Dkt. 1) is ORDERED STRICKEN.
Plaintiff shall have until September 30, 2026, to file a complaint utilizing the Complaint Form available for pro se litigants on the U.S. District Court for the District of Colorado's website. Plaintiff's failure to file a proper complaint will result in the dismissal of this action possibly with prejudice. Plaintiff's other pending motions at Dkts. 7, 8, and 14, are denied as MOOT. Except his Motion to Restrict (Dkt. 15) is GRANTED for good cause; Plaintiff's AO 239 shall remain under restriction at Level 2.
By Judge S. Kato Crews on 9/3/2026.
For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(skcja, )
Bankruptcy Appeal (801) | Colorado
Notice (Other)
NOTICE OF DEFICIENCY: A review of the record indicates that Appellant has not paid the appeal filing and docketing fees to the Bankruptcy Court. Appellant must (a) pay the appeal filing and docketing fees or (b) file a fee waiver application by 09/16/2026, or this appeal may be dismissed for failure to prosecute. 10th Cir. BAP L.R. 8026-3(c). (bleon,)
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