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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARY JANE BRYANT,

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Plaintiff,

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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.

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ORDER ADMINISTRATIVELY CLOSING
THIS CASE

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On November 7, 2016, plaintiff Mary J. Bryant commenced a civil action, Bryant v. U.S.

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Bank, No. 1:16-cv-01688-AWI-SKO, in this district. After dismissing plaintiff’s first amended

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complaint with leave to amend on June 13, 2017, see id., ECF No. 5, and having received no

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amended complaint, the court issued an order requiring plaintiff to show cause why the action

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should not be dismissed due to her failure to file an amended complaint. Id., ECF No. 6. Plaintiff

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never responded to the order to show cause, and on August 25, 2017, the court dismissed the

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action with prejudice for failure to comply with a court order and entered judgment against

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plaintiff. See id., ECF Nos. 8–9.

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On September 11, 2017, plaintiff Bryant commenced the instant action by filing a

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complaint and application to proceed in forma pauperis. (Doc. Nos. 1, 2.) In her complaint,

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plaintiff references her prior federal action against U.S. Bank, and specifically asks the court to

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either “reinstate” the prior case or open a new case. (See Doc. No. 1 at 17.) Plaintiff appears to

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name a substantially similar group of defendants as she did in the first action, and further alleges

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that she was forced into hiding between January 2017 and June 2017. (See id. at 1–2, 17.)

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Plaintiff’s statements suggest that she is attempting to explain her failure to respond to the court’s

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orders entered in her previously filed action.
Having reviewed plaintiff’s filings in this action and the proceedings in the prior action,

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the court will, in the interest of justice and to conserve judicial resources, construe plaintiff’s

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complaint as a motion for relief from judgment to be filed in her prior action.

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Accordingly,

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1. The Clerk of the Court is directed to file plaintiff’s complaint (Doc. No. 1) as a motion

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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

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IT IS SO ORDERED.

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Dated:

October 5, 2017
UNITED STATES DISTRICT JUDGE

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All pending matters shall therefore be terminated.
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