Livingston (ID 60787) v. Unified Government of Wyandotte County

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ADRIAN D. LIVINGSTON, Plaintiff, v. CASE NO. 23-3032-JWL UNIFIED GOVERNMENT OF WYANDOTTE COUNTY, et al., Defendants.

MEMORANDUM AND ORDER This matter is before the Court on a Motion for Leave to File an Amended Complaint (Doc.

19) filed by Plaintiff. However, this action has been dismissed. See Memorandum and Order, Doc. 15, and Judgment, Doc. 16, July 17, 2023. “Before amending a complaint after its dismissal, a plaintiff must first successfully move to reopen his case under Rule 59(e) or Rule 60(b).”

Pemberton v. Patton, 757 F. App'x 689, 691–92 (10th Cir. 2018), citing see Calderon v. Kan. Dep't of Soc. & Rehab. Servs., 181 F.3d 1180, 1185 (10th Cir. 1999); Glenn v. First Nat'l Bank in Grand Junction, 868 F.2d 368, 371 (10th Cir. 1989). Because Plaintiff has not filed a motion for reconsideration and his case remains closed, his request to file an amended complaint is denied.

IT IS THEREFORE ORDERED that Plaintiff’s Motion for Leave to File an Amended Complaint (Doc. 19) is denied.

IT IS SO ORDERED.

DATED: This 15th day of August, 2023, at Kansas City, Kansas.

S/ John W. Lungstrum JOHN W. LUNGSTRUM UNITED STATES DISTRICT JUDGE