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)

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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

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