Thayer v. Howard et al

Filing 61

MEMORANDUM AND ORDER. Plaintiff's Amended Complaint (Doc. 60 ) is struck. Signed by District Judge Daniel D. Crabtree on 6/3/2024. Mailed to pro se party David W. Thayer by regular mail. (mam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

DAVID W. THAYER,
Plaintiff,

Case No. 22-3086-DDC

v.
LAURA HOWARD, HALEIGH
BENNETT, JEFF BROWN, LESIA
DIPMAN, and LINDA KIDD,
Defendants.
MEMORANDUM AND ORDER
This Order strikes plaintiff’s Amended Complaint (Doc. 60). Plaintiff filed an Amended
Complaint after the court had entered Judgment (Doc. 59). But “once judgment is entered, the
filing of an amended complaint is not permissible until judgment is set aside or vacated pursuant
to Fed.R.Civ.P. 59(e) or 60(b).” The Tool Box, Inc. v. Ogden City Corp., 419 F.3d 1084, 1087
(10th Cir. 2005) (quotation cleaned up). The court hasn’t set aside or vacated the judgment in
this case. So, plaintiff’s filing of an amended complaint at this stage isn’t permitted. The court
thus strikes plaintiff’s Amended Complaint (Doc. 60).
IT IS THEREFORE ORDERED BY THE COURT THAT plaintiff’s Amended
Complaint (Doc. 60) is struck.
IT IS SO ORDERED.
Dated this 3rd day of June, 2024, at Kansas City, Kansas.
s/ Daniel D. Crabtree______
Daniel D. Crabtree
United States District Judge