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