Mendez v. Inmigration and Naturalisation Services Quarters

Filing 27

MEMORANDUM AND ORDER - The Clerk of the court shall not process the appeal to the Court of Appeals. The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(JAE)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA MR. IVAN L. MENDEZ, ) ) Plaintiff, ) ) v. ) ) IMMIGRATION AND NATURALIZATION) SERVICES QUARTERS, ) ) Defendant. ) ______________________________)

4:09CV3219

MEMORANDUM AND ORDER

This matter is before the Court on plaintiff's notice of appeal (Filing No. 24). On December 15, 2009, the Court

dismissed plaintiff's claims without prejudice and entered judgment against him (Filing Nos. 7 and 8.) (Filing No. 9). Plaintiff appealed

On January 28, 2010, the Court permitted

plaintiff to appeal in forma pauperis (Filing No. 13). On May 15, 2010, the Eighth Circuit Court of Appeals dismissed plaintiff's appeal for failure to prosecute (Filing Nos. 22 and 23). Thereafter, plaintiff filed the notice of

appeal currently before the Court (Filing No. 24). Because the Court has already granted plaintiff leave to appeal IFP and because the Eighth Circuit has already dismissed plaintiff's appeal, plaintiff's notice of appeal is moot. The clerk of the court shall not process the appeal to the

Court of Appeals.

IT IS ORDERED: 1. The Clerk of the court shall not process the

appeal to the Court of Appeals. 2. The Clerk of the court shall provide the Court of

Appeals with a copy of this Memorandum and Order. DATED this 16th day of June, 2010. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court

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