Stewart v. Popeye's Chicken, et al

Filing 16

ORDER - The plaintiff's Amended Complaint (Filing No. 14 ) and application to proceed without prepaying fees or costs (Filing No. 15 ) are stricken. The Clerk of Court shall amend the docket to reflect the documents are stricken. Ordered by Magistrate Judge F.A. Gossett. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANNIE STEWART,
Plaintiff,
v.
POPEYE'S CHICKEN,
EON PROPERTIES, LLC,
NIKHIL MEHTA, and
JOHN DOE 1 AND 2 INCLUSIVE,
Defendants.

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8:15CV381
ORDER

This case was originally filed on October 19, 2015. (Filing No. 1). The court
granted the plaintiff’s motions for leave to proceed in forma pauperis and for service by
U.S. Marshal. (Filing No. 4; Filing No. 7). The plaintiff took no further action in this
case. This court entered a show cause order warning the plaintiff that failure to prosecute
and failure to complete service may result in the dismissal of the case. The plaintiff failed
to comply with this court’s order, and on August 1, 2016, Chief Judge Smith Camp entered
an order dismissing the above-captioned case, without prejudice. (Filing No. 13).
On October 12, 2016, the plaintiff, without leave of court, filed an Amended
Complaint (Filing No. 14) and a second application to proceed without prepaying fees or
costs (Filing No. 15). The time for reconsideration or filing of an appeal has expired and
this case is closed. Therefore, the court will strike the plaintiff’s improper filings. This
order does not prevent the plaintiff from initiating a new lawsuit. Accordingly,
IT IS ORDERED: The plaintiff’s Amended Complaint (Filing No. 14) and
application to proceed without prepaying fees or costs (Filing No. 15) are stricken. The
Clerk of Court shall amend the docket to reflect the documents are stricken.

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DATED: October 13, 2016.
BY THE COURT:
s/ F.A. Gossett
United States Magistrate Judge

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