Barta v. Yeomans et al

Filing 42

NOTICE - this case is closed, and the plaintiff's statement does not require action by the Court. Ordered by Chief Judge John M. Gerrard. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DALE BARTA,
Plaintiff,

8:16-CV-242

vs.
NOTICE
TAMI YEOMANS, et al.,
Defendants.
The Court is in receipt of the plaintiff's recently filed statement (filing
41). Because the plaintiff's filing is not recognized by the Federal Rules of Civil
Procedure, it will not be acted upon by the Court.
The plaintiff's filing is not, for instance, a motion to alter or amend the
judgment pursuant to Fed. R. Civ. P. 59(e): it does not assert manifest errors
of law or fact or present newly discovered evidence, see United States v. Metro.
St. Louis Sewer Dist., 440 F.3d 930, 934 (8th Cir. 2006), nor was it filed within
28 days of the judgment. Nor does it assert grounds for relief cognizable under
Fed. R. Civ. P. 60(b). See Freeman v. Wyeth, 764 F.3d 806, 809 (8th Cir. 2014).
And it neither purports to be a notice of appeal, nor was it filed within 30 days
of the judgment. See Fed. R. App. P. 4(a)(1)(A).
In sum: this case is closed, and the plaintiff's statement does not require
action by the Court.
Dated this 13th day of November, 2019.
BY THE COURT:
John M. Gerrard
Chief United States District Judge