Davis v. Kansas City Area Transportation Authority

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION TIFFINI DAVIS, ) ) Plaintiff, ) ) v. ) Case No. 4:22-cv-00102-RK ) KANSAS CITY AREA ) TRANSPORTATION AUTHORITY, ) ) Defendant. ) ORDER This is an employment discrimination case. The Court previously entered an order dismissing (without prejudice) Plaintiff’s claims for racial discrimination, race-based retaliation, and a racially hostile work environment. (Doc. 18.) A clerk’s judgment was entered on August 10, 2022. (Doc. 19.) On October 29, 2022, Plaintiff filed an amended complaint in this case. (Doc. 20.) Plaintiff filed a new case against Defendant Kansas City Area Transportation Authority on the same day. Davis v. Kansas City Area Transportation Authority, No. 4:22-cv-00698-RK (W.D. Mo.). Plaintiff did not file any other post-judgment motions in this case. Defendant filed a motion to dismiss Plaintiff’s amended complaint in this case for lack of jurisdiction. (Docs. 21, 22.) Plaintiff did not file a response, and the time for doing so has passed. In Norman v. Arkansas Department of Education, 79 F.3d 748 (8th Cir. 1996), the court held that after dismissing a case without prejudice for want of prosecution, the district court “lacked jurisdiction to take any further action in [the case].” Id. at 751. Plaintiff’s amended complaint filed in this case (No. 4:22-cv-00102-RK) is therefore DISMISSED for lack of jurisdiction. IT IS SO ORDERED.

s/ Roseann A. Ketchmark ROSEANN A. KETCHMARK, JUDGE UNITED STATES DISTRICT COURT

DATED: December 5, 2022