Robinson et al v. Alaska Housing Finance Corp. et al

3:14-cv-00167Akd17 dic 2014

Testo completo

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
ELIAS AND MICHAELA ROBINSON,
Plaintiff,
vs.
ALASKA HOUSING FINANCE CORP.,
et al.,
Defendants.
Case No. 3:14-cv-00167-TMB
ORDER OF DISMISSAL
Elias and Michaela Robinson, representing themselves, filed a Complaint
under the Civil Rights Act, 42 U.S.C. § 1983, and an Application to Waive the
Filing Fee under 28 U.S.C. § 1915.1 The Court reviewed the Complaint as
required under § 1915(e)(2)(B), and dismissed Alaska Housing Finance Corp.,
with prejudice, as immune from relief under § 1915(e)(2)(B)(iii).2 The Court also
explained the concepts of claim and issue preclusion,3 and ordered as follows:
The Robinsons must file a Response to Order to Show Cause, on
the enclosed Court form, on or before November 6, 2014. In the
Response, the Robinsons must list the claims filed in the Superior
Court for the State of Alaska in Robinson v. AHFC, 3AN-10-
11689CI. They must also attach a copy of (1) the Notice of Appeal
and Statement of Points on Appeal (both filed on or about October
22, 2010);4 (2) the Stipulation and Order of Dismissal with Prejudice
1 Dockets 1, 3.
2 Docket 5 at 7.
3 Id. at 4-6.
4 Robinson v. AHFC, 3AN-10-11689CI at http://www.courtrecords.alaska.gov/eservices:
Case 3:14-cv-00167-TMB Document 6 Filed 12/17/14 Page 1 of 2
(filed on or about September 8, 2011);5 and (3) the Superior Court’s
orders granting the stipulated dismissal with prejudice (issued on or
about September 12, 2011).6
The Robinsons were warned that, if they “fail[ed] to comply, this case will
be dismissed without further notice.”7 	To date, the Robinsons have failed to
comply with the Order.
IT IS THEREFORE ORDERED:
1. 	This case is DISMISSED without prejudice.
2. 	Any outstanding motions are DENIED.
3. 	The Clerk of Court is directed to enter a Judgment in this case.
DATED at Anchorage, Alaska this 16 th day of December, 2014.
/s/ Timothy M. Burgess
TIMOTHY M. BURGESS
UNITED STATES DISTRICT JUDGE
“10/22/2010 	Notice of Appeal (from Admin. Agency) Goriune Dudukgian (Attorney) on
behalf of Elias Robinson (Appellant)
10/22/2010 	Statement of Points on Appeal Goriune Dudukgian (Attorney) on behalf of
Elias Robinson (Appellant)”
5 Robinson v. AHFC, supra:
“09/08/2011 	Stipulation and Order For Dismissal of Appeal With Prejudice Attorney:
Clement, Jonathan (0501001) Filing Party: Robinson, Elias; Alaska
Housing Finance Corporation Case Motion #6”
6 Docket 5 at 7, and footnote 25, citing the following: Robinson v. AHFC, supra:
“09/12/2011 	Order on Stipulation for Dismissal of Appeal With Prejudice Case Motion
#6: Stipulation and Order For Dismissal of Appeal With Prejudice
09/12/2011 	Order Granting Motion Case Motion #4: Stipulation and Order for
Withdrawal of Attorney (stipulation between appellant and his counsel)
09/12/2011 	Dismissed by Stipulation or Unopposed Motion”
7 Docket 5 at 8.
3:14-cv-00167-TMB, Robinson v. AHFC, et al.
Order of Dismissal
Page 2 of 2
Case 3:14-cv-00167-TMB Document 6 Filed 12/17/14 Page 2 of 2

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