Williams v. Raynor Rensch & Pfieffer et al

Filing 83

MEMORANDUM AND ORDER - Plaintiff's Notice of Appeal 65 is untimely and moot. The clerk of the court shall not process the appeal to the Court of Appeals. The clerk of the court is directed to forward a copy of this Memorandum and Order to th e parties and to the Eighth Circuit Court of Appeals. Plaintiff is reminded that he has until December 20, 2012, in which to file an amended complaint in accordance with the Court's previous Memorandum and Order. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party and submitted to Court of Appeals as directed)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SHANNON WILLIAMS,

)
)
Plaintiff,
)
)
v.
)
)
REYNOR RENSCH & PFIEFFER,
)
et al.,
)
)
Defendants.
)
______________________________)

8:11CV446

MEMORANDUM AND ORDER

This matter is before the Court on plaintiff’s Notice
of Appeal (Filing No. 65).

Plaintiff’s appeal sought reversal of

the Court’s previous determination that this matter be remanded
to the Douglas County, Nebraska, District Court.

(Id.)

However,

plaintiff’s Notice of Appeal was untimely, as it was filed 40
days after the Court entered the Order and Judgment remanding
this matter.

See Fed. R. App. P. 4(a)(1)(A) (stating that a

notice of appeal “must be filed with the district clerk within 30
days after the judgment or order appealed from is entered”).
Regardless, the Court re-opened this matter on November 26, 2012,
pursuant to plaintiff’s separate request (Filing No. 82).

Thus,

plaintiff has already been granted the relief he sought in the
Notice of Appeal, despite its untimeliness.
IT IS ORDERED:
1.

Plaintiff’s Notice of Appeal (Filing No. 65) is

untimely and moot.

2.

The clerk of the court shall not process the

appeal to the Court of Appeals.

The clerk of the court is

directed to forward a copy of this Memorandum and Order to the
parties and to the Eighth Circuit Court of Appeals.
3.

Plaintiff is reminded that he has until December

20, 2012, in which to file an amended complaint in accordance
with the Court’s previous Memorandum and Order.
DATED this 14th day of December, 2012.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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