Smith v. MBI, Inc et al
Charmane Smith |
MBI, Inc, The Danbury Mint and Danbury Mint |
3:2019cv00166 |
February 4, 2019 |
US District Court for the District of Connecticut |
Charles S Haight |
Sarah A L Merriam |
Other Statutory Actions |
15 U.S.C. ยง 2301 |
Plaintiff |
Docket Report
This docket was last retrieved on March 15, 2019. A more recent docket listing may be available from PACER.
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Filing 10 JUDGMENT dismissing the complaint with prejudice.For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Clerk on 03/15/19. (Barry, Donna) |
Filing 9 ELECTRONIC ORDER approving and adopting Judge Merriam's #8 Recommended Ruling ("RR") dismissing Plaintiff's #1 Civil Complaint. Plaintiff has filed no objection to the RR. A district court reviews only for "clear error" those portions of a magistrate judge's recommended ruling as to which no specific objection was made. See Thomas v. Arn, 474 U.S. 140, 150 (1985); Bandhan v. Lab. Corp. Of Am., 234 F. Supp. 313, 316 (S.D.N.Y. 2002) ("A district court evaluating a Magistrate's report may adopt those portions of the report to which no 'specific, written objection' is made, as long as those sections are not clearly erroneous" (quoting Fed. R. Civ. P. 72(b))). Having reviewing Judge Merriam's clear and careful opinion, I find no error, and therefore approve and adopt its reasoning in full.The RR directed Plaintiff to file an amended complaint on or before March 1, 2019, if she wished to pursue this matter. Doc. #8 at 7. Plaintiff has not done so. Accordingly, Plaintiff's #1 Civil Complaint is DISMISSED WITH PREJUDICE, and Plaintiff's #3 Motion for Summary Judgment is DENIED AS MOOT. The Clerk is directed to close this case. Signed by Judge Charles S. Haight, Jr. on 03/04/2019. (Chen, C.) |
Filing 8 RECOMMENDED RULING. For the reasons set forth in the attached ruling, the Court recommends that the Complaint be DISMISSED, in accordance with 28 U.S.C. 1915(e)(2)(B)(ii). If plaintiff wishes to pursue this matter, she must file an amended complaint that sets forth a clear statement of her claim(s) on or before March 1, 2019. 8 Pages.This is a recommended ruling. See Fed. R. Civ. P. 72(b)(1). Any objections to this recommended ruling must be filed with the Clerk of the Court within fourteen (14) days of being served with this order. See Fed. R. Civ. P. 72(b)(2). Failure to object within fourteen (14) days will preclude appellate review. See 28 U.S.C. 636(b)(1); Rules 72, 6(a) and 6(d) of the Federal Rules of Civil Procedure; D. Conn. L. Civ. R. 72.2; Small v. Secretary of H.H.S., 892 F.2d 15 (2d Cir. 1989) (per curiam); F.D.I.C. v. Hillcrest Assoc., 66 F.3d 566, 569 (2d Cir. 1995). Signed by Judge Sarah A. L. Merriam on 2/8/19. (Dowie, C) |
Filing 7 ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Plaintiff has filed a motion seeking to proceed without prepayment of fees, costs or security therefor, which includes an affidavit regarding her current financial circumstances. See Doc. #2 . In plaintiff's motion, she states that she is unemployed, and receives $1,000 in government benefits each month. See Doc. #2 at 1. Plaintiff has no assets nor cash on hand. See id. Plaintiff's monthly expenses exceed her monthly income. See id. At this stage, such allegations are sufficient to establish that plaintiff is unable to pay the ordinary filing fees required by the Court. See 28 U.S.C. 1915(a)(1). Accordingly, plaintiff's #2 Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered. Signed by Judge Sarah A. L. Merriam on 2/8/19. (Dowie, C) |
Filing 6 ORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam for ruling on #2 MOTION for Leave to Proceed in forma pauperis Signed by Judge Charles S. Haight, Jr on 2/6/2019.(Freberg, B) |
Filing 5 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Charles S. Haight, Jr on 2/4/2019.(Reis, Julia) |
Filing 4 Order on Pretrial Deadlines: Amended Pleadings due by 4/5/2019 Discovery due by 8/6/2019 Dispositive Motions due by 9/10/2019 Signed by Clerk on 2/4/2019.(Reis, Julia) |
Filing 3 MOTION for Summary Judgment by Charmane Smith.Responses due by 2/25/2019 (Reis, Julia) |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Charmane Smith. (Reis, Julia) |
Filing 1 COMPLAINT against Danbury Mint, MBI, Inc, filed by Charmane Smith. (Attachments: #1 Envelope)(Reis, Julia) Modified on 2/6/2019 to edit party name(Reis, Julia). |
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