Lee v. Bonner

District Court, S.D. Mississippi

Lee v. Bonner

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION

WENDOLYN LEE, #18103194 PLAINTIFF

VERSUS CIVIL ACTION NO. 5:21-cv-25-KS-JCG SHERIFF FLOYD BONNER, et al. DEFENDANTS ORDER DENYING PLAINTIFF’S MOTION [12] TO AMEND

Before the Court is Plaintiff’s Motion to Amend [12] filed on July 28, 2021. On July 27, 2021, a Memorandum Opinion and Order of Dismissal [10] and Final Judgment [11] dismissing this civil action were entered. Because the instant civil action is closed as a result of the dismissal, see Order [10] and J. [11], and the Motion [12] cannot be construed in a way that relief is possible, it is properly considered “a meaningless, unauthorized motion.” See United States v. Early,

27 F.3d 140, 142

(5th Cir. 1994) (holding that a motion filed in a closed case is to be considered “a meaningless, unauthorized motion”). The Court therefore is without jurisdictional bases to consider the merits of Plaintiff’s Motion [12]. See Mayberry v. Stephens,

555 F. App’x 419, 420

(5th Cir. 2014) (citing Early,

27 F.3d at 142

). Accordingly, it is ORDERED that Plaintiff’s Motion [12] to Amend is denied. This the 29th day of July, 2021. s/Keith Starrett UNITED STATES DISTRICT JUDGE

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