Driskell v. Homosexuals
ORDER directing clerk not to file the materials received from Patrick A. Wendell. The clerk instead is directed to return those materials to Wendell at his address of record along with a copy of this memorandum and order. Ordered by Judge John M. Gerrard. (Copy mailed as directed to Patrick A. Wendell)(CCB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SYLVIA ANN DRISKELL,
MEMORANDUM AND ORDER
This matter is before the Court on correspondence received from Patrick A.
Wendell, which purports to be an Answer, Counterclaim, and Notice of Appearance
Pro Se. The Court declines to file Wendell's correspondence as an answer,
counterclaim, or otherwise.
This case was dismissed, and a final judgment entered, on May 6, 2015.
Filings 5 and 6. Wendell faxed his materials to the Court on May 7. But this Court's
Local Rules do not allow for documents to be filed by fax or e-mail without an order
by the Court. See NeCivR 5.1(d). Wendell also mailed his submission, which was
received on May 11. Either way, Wendell's submission came after the Court had
entered judgment and closed this case. The Court is not obligated to file documents
received after a case has been closed. See Miller v. Johnson, 541 F. Supp. 1165, 1176
(D.D.C. 1982); see also Wilson v. Robl, case no. 1:07-CV-46, 2007 WL 2746665, at *4
(W.D. Ky. Sept. 19, 2007).
The Court previously dismissed this case for lack of subject matter
jurisdiction. Nothing in Wendell's purported Answer or Counterclaim alters that
finding. The Court will not give further effect or consideration to untimely filings in
a closed case over which it lacks jurisdiction. Accordingly,
IT IS ORDERED:
The Clerk of the Court is directed not to file the materials
received from Wendell. The Clerk of the Court is instead
directed to return those materials to Wendell at his address of
record, along with a copy of this Memorandum and Order.
Dated this 19th day of May, 2015.
BY THE COURT:
John M. Gerrard
United States District Judge
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