Cole v. Cotton

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA FRANKIE LEVI COLE, 4:21CV3062 Plaintiff, MEMORANDUM VS. AND ORDER ROSALYN COTTON, et al., Defendants.

On August 1, 2022, Plaintiff filed a “motion for order addressing all elements of operative complaint ‘relief requested’ section of case pleadings” (Filing 13).

This case was dismissed without prejudice on July 6, 202 1—more than a year ago—after Plaintiff failed to file an amended complaint as ordered by the court. See Filings 10 and 11.

Liberally construing Filing 13 as a motion for relief from judgment under Rule 60(b) of the Federal Rules of Civil Procedure, it will be denied because Plaintiff has not demonstrated there are any extraordinary circumstances justifying relief. See Buck v. Davis, 137 S. Ct. 759, 777-78 (2017).

Accordingly, IT IS ORDERED that Plaintiffs motion for relief from judgment (Filing 13) is denied.

Dated this 2" day of August 2022.

BY THE COURT: Kichard G. Ke YA Richard G. “0 Senior United States District Judge