Opinion
4:21-cv-00519-BRW-ERE
09-13-2024
MELVIN LEWIS, ADC #148220 PLAINTIFF v. JUSTIN WHIPPS DEFENDANT
ORDER
BILLY ROY WILSON, UNITED STATES DISTRICT JUDGE
Plaintiff's motion for a status report (Doc. No. 90) is granted, to the extent set out below:
• On August 2, 2024, this case was dismissed.
• Judgement was entered on August 13, 2024, and an appellate filing fee notice was sent to Plaintiff's lawyer.
• Plaintiff, pro se, sought relief from judgment, which was denied because he was represented by counsel.
• On August 20, 2024, Plaintiff's lawyer sought to be relieved as counsel and the request was granted on September 9, 2024.
• On September 19, 2024, Plaintiff, pro se, filed a notice of appeal and he was sent an appellate filing fee notice.
Doc. No. 81 (“Because the only remaining defendant is deceased, as set out in the April 29, 2024 suggestion of death, Defendant's Motion to Dismiss is GRANTED. This case is CLOSED.”).
Doc. Nos. 82, 83.
Doc. Nos. 84, 85.
Doc. Nos. 86, 87. In the motion to withdraw as counsel Plaintiff's lawyer noted that it was his “assessment that no other party could be added to replace Mr. Whipps . . . [because he] did not have an open estate case.”
The case is on appeal, so all future motions should be filed with the Court of Appeals for the Eighth Circuit.
IT IS SO ORDERED.