Woodard v. Earls

Filing 8

OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion for extension of time [Doc. # 6] is DENIED AS MOOT. Signed by District Judge Henry Edward Autrey on 10/24/17. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
HUNTER WOODARD,
Plaintiff,
v.
ALAN EARLS,
Defendant.

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No. 2:17CV62 DDN

OPINION, MEMORANDUM AND ORDER
Before the Court is plaintiff’s post-dismissal motion for extension of time “under special
rule 340.” The motion will be denied as moot.
Plaintiff filed a document titled “Petition for Writ of Mandamus” on September 8, 2017,
in this Court. The Court reviewed the document and construed it as a civil rights complaint
against Alan Earls. On September 14, 2017, the Court ordered plaintiff to file an amended
complaint on a court-provided form, as well as file a motion to proceed in forma pauperis and
file an accompanying prison account statement or pay the full filing fee of $400.
On September 14, 2017, plaintiff wrote to the Court and asked to voluntarily dismiss this
action, stating that he had mistakenly sent the “Petition for Writ of Mandamus” to the Federal
Court. Plaintiff stated that he had not yet exhausted his claims in state court and wished to do so.
Therefore, the Court granted plaintiff’s request for voluntary dismissal on October 17, 2017, and
this action was closed at that time.
Unexpectedly, plaintiff filed the instant “motion for extension of time under special rule
340.” It appears that plaintiff is once again confused as to whether he is filing in state or Federal
Court.

As plaintiff has voluntarily dismissed the present action in order to pursue his remedies in
state court, the present case is closed. Thus, his motion for extension of time will be denied as
moot. Plaintiff should not file any additional motions in this closed case.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for extension of time [Doc. # 6] is
DENIED AS MOOT.
Dated this 24th day of October, 2017

___________________________________
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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