Brandy v. Speedee Mart Shell et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SPEEDEE MART SHELL,
DANCO VALENTINE S, LLC, and
JOHN DOES 1-2,
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?