Frank v. Douglas County, et al

Filing 18

ORDER - The clerk of the court shall send Plaintiff a copy of this Memorandum and Order, together with a copy of the court's August 28th Memorandum and Order (Filing No. 8 ), at his last-known address. Plaintiff shall have 30 days from today� 39;s date in which to file an amended complaint that states a claim on which relief may be granted against Defendants Douglas County and Correct Care Solutions. Failure to file an amended complaint within 30 days will result in the court dismissing t his case without further notice to Plaintiff. Plaintiff's amended or supplemental complaint filed on September 8, 2017 (Filing No. 16 ), shall be stricken from the court file. All pending motions filed by Plaintiff (Filing Nos. 6 , 7 , 11 , and 15 ) are denied without prejudice. The clerk of the court is directed to set the following pro se case management deadline: October 11, 2017: check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JESSE A. FRANK,
Plaintiff,
v.
DOUGLAS COUNTY and
CORRECT CARE SOLUTIONS,
Defendants.

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8:17CV298

ORDER

On August 28, 2017, the court entered a Memorandum and Order dismissing
Plaintiff’s claims against the “U.S. Government” and “Department of Corrections”
and giving Plaintiff 30 days to file an amended complaint against the two remaining
Defendants, Douglas County and Correct Care Solutions (Filing No. 8). It appears
Plaintiff did not receive a copy of the Memorandum and Order because he had failed
to notify the clerk of the court of a change of address (see Filing No. 12).1 The clerk
has since received and filed an amended or supplemental complaint that Plaintiff
mailed from the Madison County Jail on September 6, 2017 (Filing No. 16), and
Plaintiff’s address has been updated accordingly.
Because this amended or supplemental complaint does not comply with the
court’s August 28th Memorandum and Order, it will be ordered stricken. The court
will allow Plaintiff additional time (30 days from today’s date) to file an acceptable
amended complaint, and will direct the clerk of the court to re-send Plaintiff a copy
of the August 28th Memorandum and Order at his last-known address. Plaintiff is
advised that the required amended complaint will supersede, rather than supplement,
the original complaint that was filed on August 14, 2017.
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The court also entered a Memorandum and Order on September 6, 2017,
providing that the action would be dismissed unless Plaintiff updated his address
within 30 days (Filing No. 14).

On September 7, 2017, the clerk of the court also received and filed a multi-part
motion in which Plaintiff requests various forms of relief (Filing No. 15). That motion
will be denied without prejudice, as will three previously filed motions (Filing Nos.
6, 7, and 11).
IT IS THEREFORE ORDERED:
1.

The clerk of the court shall send Plaintiff a copy of this Memorandum
and Order, together with a copy of the court’s August 28th Memorandum
and Order (Filing No. 8), at his last-known address.

2.

Plaintiff shall have 30 days from today’s date in which to file an
amended complaint that states a claim on which relief may be granted
against Defendants Douglas County and Correct Care Solutions. Failure
to file an amended complaint within 30 days will result in the court
dismissing this case without further notice to Plaintiff.

3.

Plaintiff’s amended or supplemental complaint filed on September 8,
2017 (Filing No. 16), shall be stricken from the court file.

4.

All pending motions filed by Plaintiff (Filing Nos. 6, 7, 11, and 15) are
denied without prejudice.

5.

The clerk of the court is directed to set the following pro se case
management deadline: October 11, 2017: check for amended complaint.

DATED this 11th day of September, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
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