Corpus: 543,223 opinions ·
3,177 judges ·
newest 2026-06-23 · expanding
Coverage ↗
Opinion
govinfo:USCOURTS-moed-4_24-cv-01551-5
1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
AUNHK RA AUNHKHOTEP, )
)
Plaintiff, )
)
v. ) No. 4:24-cv-01551-CMS
)
CAPTAIN BATRICE THOMAS, )
)
et al., )
)
Defendants. )
MEMORANDUM AND ORDER
This matter is before the Court pursuant to its March 26, 2026,
Memorandum and Order (Doc. 39) and Plaintiff’s Motion for Reconsideration,
(Doc. 45). Plaintiff’s Complaint will be dismissed with prejudice.
On March 26, 2026, this Court entered a Memorandum and Order
dismissing Plaintiff’s Complaint with leave to amend due to obvious and various
pleading deficiencies in the Complaint. (Doc. 39). The Order concluded, “If
Plaintiff does not file an amended complaint by May 26, 2026, the Court shall
dismiss this case with prejudice and without further notice to Plaintiff.” (Doc. 39 at
5).
Plaintiff subsequently filed a notice of appeal on April 8, 2026. (Doc. 40).
On April 17, 2026, the Eighth Circuit Court of Appeals ordered that Plaintiff’s
Case: 4:24-cv-01551-CMS Doc. #: 46 Filed: 06/01/26 Page: 1 of 2 PageID #:
<pageID>
2
appeal “be dismissed for lack of jurisdiction as premature.” (Doc. 43). The formal
mandate issued on May 8, 2026. (Doc. 44).
Plaintiff then filed a Motion for Reconsideration in this Court on May 15,
2026. (Doc. 45). In that motion, Plaintiff acknowledged that this Court had directed
Plaintiff to file an amended complaint by May 26, 2026, or face dismissal with
prejudice. (Doc. 45 at 2). Instead of filing an amended complaint, Plaintiff
requested in his Motion for Reconsideration that this Court “expedite entry of its
memorandum and order adjudicating the case so that Plaintiff can file a timely”
notice of appeal. (Doc. 45 at 2).
Based on this Court’s March 26, 2026, Memorandum and Order, (Doc. 39),
Plaintiff’s failure to file an amended complaint, and Plaintiff’s request in his
Motion for Reconsideration that the Court dismiss the case with prejudice, (Doc.
45), the Court will dismiss Plaintiff’s Complaint (Doc. 1) with prejudice.
CONCLUSION
Plaintiff’s Complaint is DISMISSED with prejudice.
Dated this 1st day of June, 2026.
________________________________
CRISTIAN M. STEVENS
UNITED STATES DISTRICT JUDGE
Case: 4:24-cv-01551-CMS Doc. #: 46 Filed: 06/01/26 Page: 2 of 2 PageID #:
<pageID>