Brandy v. Speedee Mart Shell et al

Filing 10

ORDER that the plaintiff's "Amended Complaint" (Filing No. 8 ) and motion for leave to proceed in forma pauperis (Filing No. 9 ) are hereby stricken. The Clerk of Court shall amend the docket to reflect the dockets are stricken. Ordered by Magistrate Judge Thomas D. Thalken. (LAC)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JUDIE BRANDY, Plaintiff, 8:16CV70 vs. ORDER SPEEDEE MART SHELL, DANCO VALENTINE S, LLC, and JOHN DOES 1-2, Defendants. This matter is before the court on the plaintiff’s motion for leave to proceed in forma pauperis (Filing No. 9). The above captioned case was originally filed on February 9, 2016. See Filing No. 1. On the same date, the plaintiff applied and was granted leave to proceed without prepayment of filing fees. See Filing Nos. 2 and 4. The plaintiff took no further action on her case. The time for service of the complaint lapsed and, after providing additional time for the plaintiff to respond to court orders, the magistrate judge recommended the case be dismissed for failure to prosecute. See Filing Nos. 5-6. On July 7, 2016, the court dismissed the plaintiff’s complaint, without prejudice to filing another lawsuit. See Filing No. 7. On October 12, 2016, after expiration of the time for seeking reconsideration or filing an appeal, the plaintiff, without leave of court, filed a document titled, “Amended Complaint” and, again, sought leave to proceed in forma pauperis. See Filing Nos. 8-9. These filings, in a closed case, are improper and will be stricken. The court will not prevent the plaintiff from initiated a new lawsuit. Upon consideration, IT IS ORDERED: The plaintiff’s “Amended Complaint” (Filing No. 8) and motion for leave to proceed in forma pauperis (Filing No. 9) are hereby stricken. The Clerk of Court shall amend the docket to reflect the dockets are stricken. Dated this 12th day of October, 2016. BY THE COURT: s/ Thomas D. Thalken United States Magistrate Judge

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