Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ramey v. Boslough

February 1, 2006

JOHN RAMEY, PLAINTIFF,
v.
MARK BOSLOUGH, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Judge Wiley Y. Daniel

ORDER

THIS MATTER is before the Court on Plaintiff's Motion to Alter or Amend Judgment ("Plaintiff's Motion") filed on June 6, 2005, requesting that the Court either alter or amend its Order of May 20, 2005, in which the Court granted the United States' Motion for Summary Judgment. A response to this motion was filed June 27, 2005, and a reply was filed July 12, 2005. For the reasons stated below, Plaintiff's Motion to Alter or Amend Judgment is denied.

I. BACKGROUND

On March 8, 2004, Defendant United States filed a Notice of Removal, removing this case from the state district court in Boulder County. On May 20, 2005, I entered an Order granting the United States' Motion for Summary Judgment. In that Order, I remanded the state law claims to state court having found that this Court lacked subject matter jurisdiction over the federal claims asserted against the United States. Judgment in favor of the United States on the Motion for Summary Judgment was entered by the Clerk of Court on May 26, 2005, and the case was remanded to state court.

Plaintiff's Motion to Alter or Amend Judgment is brought pursuant to FED. R. CIV. P. 59(e), and requests the Court alter the May 20, 2005 Order so as to deny the Motion for Summary Judgment, or in the alternative, amend the Order to include provisions allowing for interlocutory appeal of the Order pursuant to 28 U.S.C. ยง 1292(b). Plaintiff avers that (1) the Court incorrectly concluded that Plaintiff did not plead he was entitled to an easement by implication, (2) Plaintiff's claims are not barred by the 12-year statute of limitations of the Quiet Title Act, (3) the Court incorrectly determined that Plaintiff does not have standing to assert a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.