Chapman v. Douglas County Official's et al

Filing 106

MEMORANDUM AND ORDER - Plaintiff is reminded to carefully read and follow the court's orders in this matter. Plaintiff's Motion to Clarify (filing 103 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLIE JOE CHAPMAN,
Plaintiff,
v.
TRAVIS JARZYNKA, et al.,
Defendants.

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8:12CV370

MEMORANDUM
AND ORDER

This matter is before me on Plaintiff’s Motion to Clarify. (Filing 103.)
Defendants have filed a Response to Plaintiff’s Motion. (Filing 105.) In the
Response, Defendants argue that “[c]onsistent with his repetitive filings” Plaintiff’s
Motion seeks clarification with regard to his arrest, appointment of an attorney to
assist in his lawsuit, and a request for discovery. (Id. at CM/ECF pp. 1-2.)
Defendants assert that these matters have all been addressed by the court in multiple
Orders and need not be disturbed. (Id.) I agree with Defendants.
Plaintiff has history of filing repetitive and meritless motions in this matter.
(See, e.g., Filings 90, 91, 92, and 99.) Indeed, in my last Memorandum and Order, I
warned Plaintiff that if he continued to file meritless motions, he could be subject to
sanctions, including, but not limited to, dismissal of this matter or being enjoined from
filing any further pleadings, motions, or other items in this matter without prior
authorization from this court. (Filing 100.) Thereafter, Plaintiff filed a Motion for a
Hearing on the Motions that I denied (filing 101), which Magistrate Judge Zwart
denied (filing 102). A week later, Plaintiff filed his Motion to Clarify. (Filing 103.)
Although I decline to sanction Plaintiff at this time, I will remind him to
carefully read and follow the court’s orders in this matter. See Settlemire v. Watson,
877 F.2d 13, 14 (8th Cir. 1989) (per curiam) (concluding any party proceeding pro se
is expected to be familiar with and follow procedural rules); Brown v. Frey, 806 F.2d

801, 803 (8th Cir. 1986) (court may dismiss action for pro se litigant’s failure to
comply with any court order).
IT IS THEREFORE ORDERED that:
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matter.
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Plaintiff is reminded to carefully read and follow the court’s orders in this

Plaintiff’s Motion to Clarify (filing 103) is denied.

DATED this 8th day of January, 2015.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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