Clark v. State of Nebraska et al

Filing 9

MEMORANDUM AND ORDER that Plaintiff's 8 Motion for Reconsideration is denied. Plaintiff is granted a 30-day extension of time in which to file an amended complaint. The clerk's office is directed to set the following pro se case management deadline: April 10, 2015: check for amended complaint. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KENNETH W. CLARK,
Plaintiff,
v.
STATE OF NEBRASKA, ROBERT
OTTE, Judge, MOORE, Judge, JEFF
CHEVRON, Court of appeal,
STEVEN BURNS, Judge, GALE
POKORAY, Judge, PUBLIC
DEFENDER OFFICE, YARDLEY,
Judge, DISTRICT AND COUNTY
ATTORNEY REGIONAL CENTER,
LANCASTER POLICE
DEPARTMENT COMMISSION,
TROY HAWKS, administration of
Nebraska, and DR. MOORE,
Lancaster county jail,
Defendants.

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4:14CV3192

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. Plaintiff filed his Complaint
(Filing No. 1) on September 25, 2014. The court conducted a pre-service screening
of the Complaint on December 15, 2014. (Filing No. 7.) Citing Federal Rule of Civil
Procedure 8, the court determined the Complaint raised no claims and made no
allegations against any Defendant. (Id. at CM/ECF p. 3.) On the court’s own motion,
the court ordered Plaintiff to file an amended complaint within 30 days.
On January 14, 2015, Plaintiff filed a Motion for Reconsideration (Filing No. 8)
that set forth only the following: “I am filing a motion to reconsideration [sic] of the
violation of my bill of rights to a fair trial.” (Id.) The court has carefully reviewed
Plaintiff’s Complaint and finds no reason to reconsider any portion of its

Memorandum and Order dated December 15, 2014. Because Plaintiff moved to
reconsider the court’s previous order instead of filing an amended complaint, out of
an abundance of caution, the court will give Plaintiff an additional 30 days in which to
file an amended complaint.
IT IS THEREFORE ORDERED that:
1.

Plaintiff’s Motion (Filing No. 8) is denied.

2.

Plaintiff is granted a 30-day extension of time in which to file an amended

complaint.
3.
The clerk’s office is directed to set the following pro se case management
deadline: April 10, 2015: check for amended complaint.
DATED this 10th day of March, 2015.
BY THE COURT:

s/ Joseph F. Bataillon
Senior United States District Judge

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The court accepts no res p ons ibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink
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