Frye v. YMCA Camp Kitaki et al

Filing 16

ORDER that the notice of appeal filed in 4:98CV3105 is deemed timely filed, and no additional filing fee is necessary. Ordered by Senior Judge Lyle E. Strom. (JAE)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA TOM J. FRYE, ) ) Plaintiff, ) ) v. ) ) YOUNG MEN'S CHRISTIAN ) ASSOCIATION of Lincoln, ) Nebraska, ) ) Defendant. ) ______________________________) TOM J. FRYE, ) ) Plaintiff, ) ) v. ) ) YMCA CAMP KITAKI and RUSS ) KOOS, Program Director, ) ) Defendants. ) ______________________________)

4:98CV3105

4:08CV3114

ORDER

This matter is before the Court after plaintiff filed a notice of appeal in 4:08CV3114. Plaintiff's complaint was

treated as a motion for contempt and was directed to be filed in 4:98CV3105, a case previously filed by plaintiff involving the same issues. On July 20, 2009, a memorandum opinion, together with an order and judgment (Filing Nos. 81 and 82) were filed, wherein plaintiff's motion for contempt was denied in 4:98CV3105. On

August 10, 2009, a memorandum opinion, together with an order and judgment (Filing Nos. 8 and 9), were entered in 4:08CV3114,

dismissing this action because plaintiff did not prevail on the motion for contempt. On August 19, 2009, plaintiff filed a notice of appeal in 4:08CV3114. Not realizing there were two separate cases,

plaintiff intended to appeal the denial of the motion for contempt in 4:98CV3105. Accordingly,

IT IS ORDERED that the notice of appeal filed in 4:98CV3105 is deemed timely filed, and no additional filing fee is necessary. DATED this 8th day of September, 2009. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court

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