Gadekan v. United States Department of Agriculture et al

Filing 12

MEMORANDUM AND ORDER that Plaintiff's Complaint is dismissed without prejudice for failure to comply with this court's orders and for failure to state a claim upon which relief may be granted. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN A. GADEKAN, for himself
and as Personal Representative of
Lola Gadeken Estate, Arnold W.
Gadeken Estate, Arnold W. Gadeken
Residuary Trust,
Plaintiff,
v.
UNITED STATES DEPARTMENT
OF AGRICULTURE, et al.,
Defendants.

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4:12CV3208

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On December 3, 2012, the
court issued a Memorandum and Order requiring Plaintiff to retain counsel by January
29, 2011. (Filing No. 5.) In doing so, the court warned Plaintiff that if he failed to
retain counsel, this case will be dismissed without prejudice and without further notice
for failure to state a claim upon which relief may be granted. (Id.)
On December 19, 2012, Plaintiff filed a Motion for Reconsideration, which the
court denied. (Filing Nos. 6 and 7.) Thereafter, Plaintiff requested two extensions of
time to retain counsel. (Filing Nos. 8 and 10.) The court granted both requests for
extension of time to retain counsel, but warned Plaintiff that no further extensions of
time would be granted. (See Filing Nos. 9 and 11.) Pursuant to the extensions,
Plaintiff had until May 14, 2013, to retain counsel. (Id.)
The court’s May 14, 2013, deadline has now passed and Plaintiff has not
retained counsel. (See Docket Sheet.) Accordingly,

IT IS THEREFORE ORDERED that:
1.
Plaintiff Complaint is dismissed without prejudice for failure to comply
with this court’s orders and for failure to state a claim upon which relief may be
granted.
2.
A separate judgment will be entered in accordance with this
Memorandum and Order.
DATED this 24th day of May, 2013.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge

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