CINDRICH v. FISHER et al

Filing 60

MEMORANDUM OPINION & ORDER re 59 Amended Complaint, filed by RITA J. CINDRICH. Signed by Judge Donetta W. Ambrose on 10/16/17. (cha)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN! DISTRICT OF PENNSYLVANIA

RITA J. CINDRICH
Plaintiff,

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-vsMICHAEL FISHER, et al
Defendant.

Civil Action No. 5-1348

AMBROSE, Senior District Judge.

MEMORANDUM ORDER OF COURT
This case originated by Complkint filed on September 28, 2005. (ECF No. 1). On
·December 19, 2005, Plaintiff filed an

~mended Complaint. (ECF No. 2). AMotiorfto

Dismiss the Amended Complaint waJ granted in part and denied in part on April 10,
2006. (ECF No. 1.8). Plaintiff's

Motio~ to File a Second Amendi>d Complaint was

granted and on May 26, 2006, Plaintiff filed her Second Amended Complaint. (ECF No.
28). On May 31, 2007, this Court en+ed an order grantiilg in part and denying in P'!rt
Defendants' Motion for Summary Ju,gment and dismissing the case. (ECF No. 51 ).
Thereafter, on June 29, 2007, PlainT filed a Notice of Appeal. (ECF No. 52). On
August 4, 2009, The United States Cjourt of Appeals for the Third Circuit issued a
Judgment affirming the May 31, 2007 order dismissing the case. Accordingly, this case
has been closed in the District Court since May 31, 2007.
On May 30, 2017, ten years later, Plaintiff filed a document titled "Amended
Complaint" at this case number.

(EC~ No. 57). T~is Court issued an order striking the

filing, noting that this matter was fullJ adjudicated to its finality ten years earlier. (ECF

No. 58). On October 13, 2017, Plaintiff has again filed a document titled "Third

nu~ber. (ECF No. 59) As previously stated, this
matter was fuUy adjudicated to its fin~lity. Consequently, the newly filed "Third Amended .

Amended Complaint." at this case

Complaint" 1s improperly filed and shall be stricken.
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THEREFORE, this 16th day of !October, 2017, it is ORDERED, that said Third

Amended Complaint (ECF No. 59) is stricken from the docket as improperly filed.

~uj~
Donetta W. Ambrose
United States Senior District Judge

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