Sexton et al v. Kenney et al

Filing 100

MEMORANDUM AND ORDER denying 99 Motion to Intervene. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LISA K. SEXTON,

)
)
Plaintiff,
)
)
v.
)
)
MICHAEL KENNEY, ROBIN
)
SPINDLER, LARRY WAYNE, FRANK )
HOPKINS, DR. CARMINE WHITE,
)
DAMON GRUBER, BROOKE BJERRUM, )
STEVE HUNZEKER, JEANNE
)
GOLIDAY, TIM MILLER, CHERYL
)
BICKNASE, and DENISE
)
SKROBECKI, et al.,
)
)
Defendants.
)
______________________________)

8:14CV164

MEMORANDUM AND ORDER

This matter is before the Court on a “Motion to
Intervene as Plaintiffs with Newly Discovered Evidence” (Filing
No. 99) filed on May 14, 2015.

The motion was delivered to the

Court in an envelope from Joseph Uber, a prisoner incarcerated in
Belefonte, Pennsylvania.
six individuals:

The motion was purportedly signed by

Amber Lambert, Desa Hooter, Agatha Williams,

Ann Arias, Jimmy Jax, and Wayne Albright.1

(See Filing No. 99 at

CM/ECF p. 2.)
The Court will deny the request to intervene.

Judgment

has been entered in this case and any appeal from the judgment
would not be timely filed.

Moreover, the movants have not shown

they have a right to intervene under Rule 24(a) or a right to
permissive intervention under Rule 24(b) of the Federal Rules of
Civil Procedure.

1

The Court notes that Joseph Uber and Wayne Albright are
both incarcerated in an institution located at 301 Institution
Drive in Bellefonte, Pennsylvania. Uber, Albright, and others
incarcerated at this same institution, have submitted similar
requests to intervene in numerous federal district courts, and
these requests have been purportedly signed by various prisoners
and nonprisoners residing in numerous states. See, e.g., Joe v.
United States of America, 8:11-cv-00006-VMC-TGW (M.D. Fla.);
Wathogoma v. Ryan, et al., 2:12-cv-02686-SLG (D. Ariz.); Tullis
v. Albright, et al., 1:12-cv-00685-TMH-SRW (M.D. Ala.); In Re:
Online Travel Co. Hotel Booking Antitrust, Case No.
3:12-cv-03515-B (N.D. Tex.); and In Re Tesla Motors, Inc.
Securities Litigation, 3:13-cv-05216-CRB (N.D. Cal.).
The Court cautions the movants that Federal Rule of Civil
Procedure 11(a) requires that all pro se parties to a case sign
every pleading, written motion, and other paper that they submit
to the court. Indeed, it is improper for a non-lawyer to sign
papers in place of, or to otherwise represent, parties other than
themselves. If a court concludes that Rule 11 has been violated,
a court may impose “an appropriate sanction” on the party who
violated the rule. Fed. R. Civ. P. 11(c)(1).

IT IS ORDERED that the Motion to Intervene (Filing No.
99) is denied.
DATED this 8th day of June, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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