Bryant v. U.S. Bank et al

Filing 11

COPY of ORDER Filed in 1:17-cv-01218-DAD-BAM re 10 Motion, signed by District Judge Dale A. Drozd on 10/5/17. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARY JANE BRYANT, 12 Plaintiff, 13 14 15 No. 1:17-cv-01218-DAD-BAM v. U.S. BANK NATIONAL ASSOCIATION et al., ORDER DIRECTING THE CLERK OF THE COURT TO FILE PLAINTIFF’S COMPLAINT IN THIS CASE AS A MOTION FOR RELIEF FROM JUDGMENT IN CASE NO. 1:16-cv-01688-AWI-SKO Defendants. 16 ORDER ADMINISTRATIVELY CLOSING THIS CASE 17 18 19 On November 7, 2016, plaintiff Mary J. Bryant commenced a civil action, Bryant v. U.S. 20 21 Bank, No. 1:16-cv-01688-AWI-SKO, in this district. After dismissing plaintiff’s first amended 22 complaint with leave to amend on June 13, 2017, see id., ECF No. 5, and having received no 23 amended complaint, the court issued an order requiring plaintiff to show cause why the action 24 should not be dismissed due to her failure to file an amended complaint. Id., ECF No. 6. Plaintiff 25 never responded to the order to show cause, and on August 25, 2017, the court dismissed the 26 action with prejudice for failure to comply with a court order and entered judgment against 27 plaintiff. See id., ECF Nos. 8–9. 28 ///// 1 1 On September 11, 2017, plaintiff Bryant commenced the instant action by filing a 2 complaint and application to proceed in forma pauperis. (Doc. Nos. 1, 2.) In her complaint, 3 plaintiff references her prior federal action against U.S. Bank, and specifically asks the court to 4 either “reinstate” the prior case or open a new case. (See Doc. No. 1 at 17.) Plaintiff appears to 5 name a substantially similar group of defendants as she did in the first action, and further alleges 6 that she was forced into hiding between January 2017 and June 2017. (See id. at 1–2, 17.) 7 Plaintiff’s statements suggest that she is attempting to explain her failure to respond to the court’s 8 orders entered in her previously filed action. Having reviewed plaintiff’s filings in this action and the proceedings in the prior action, 9 10 the court will, in the interest of justice and to conserve judicial resources, construe plaintiff’s 11 complaint as a motion for relief from judgment to be filed in her prior action. 12 Accordingly, 13 1. The Clerk of the Court is directed to file plaintiff’s complaint (Doc. No. 1) as a motion 14 for relief from judgment in Bryant v. U.S. Bank, No. 1:16-cv-01688-AWI-SKO; and 2. The Clerk of the Court is further directed to administratively close this action.1 15 16 IT IS SO ORDERED. 17 Dated: October 5, 2017 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 1 All pending matters shall therefore be terminated. 2

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