Smith v. Safe Haven Security Services et al
| Gerald A. Smith |
| Safe Haven Security Services, Keith Brewer, Daryl Nelson and Brent Avery |
| 1:2023cv04021 |
| September 8, 2023 |
| US District Court for the Northern District of Georgia |
| Regina D Cannon |
| Leigh Martin May |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 Job Discrimination (Race) |
| None |
Docket Report
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This docket was last retrieved on October 17, 2023. A more recent docket listing may be available from PACER.
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Filing 5
ORDER: The Clerk is again DIRECTED to send Plaintiff the USM 285 form, summons form, and initial disclosures form. Plaintiff is DIRECTED to review and complete these items and return them to the Clerk within FOURTEEN (14) DAYS from the entry date of this Order. Plaintiff is again warned that failure to comply in a timely manner will result in a recommendation that this action be dismissed for failure to prosecute and abide by the Court's Orders. The Clerk is DIRECTED to refer to the undersigned's prior Order for instructions following receipt of Plaintiffs completed service package. See Dkt. #4 . If Plaintiff fails to timely comply, the Clerk is DIRECTED to resubmit this action to the undersigned. Signed by Magistrate Judge Regina D Cannon on 10/17/2023. (tht)
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| Clerk's Certificate of Mailing as to Gerald A. Smith re #5 Order. Forms sent to party: USM 285; Summons; Initial Disclosures. (tht) |
| Submission of #4 Order ruling on IFP to Magistrate Judge Regina D Cannon. (bnp) |
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Filing 4
ORDER: After consideration of the affidavit of indigency attached to the complaint, Plaintiff's #1 application to proceed in forma pauperis (IFP) is hereby GRANTED pursuant to Section 1915(a), and Plaintiff shall be allowed to proceed with this action without prepayment of docket costs or United States Marshal Service fees. It is ORDERED that Plaintiff's action is ALLOWED TO PROCEED as any other civil action. However, it is well-settled that only an employer, not individuals, can be sued for discrimination under Title VII. Therefore, Plaintiff shall only be permitted to proceed with his Title VII claims against Defendant Safe Haven Security Services, his former employer. The individual Defendants named in this matterKeith Brewer, Daryl Nelson, and Brent Averyare DISMISSED. The Clerk is hereby DIRECTED to send Plaintiff the USM 285 form, summons, and the initial disclosures form. Plaintiff is DIRECTED to complete the USM 285 form, summons, and the initial disclosures form, and to return these items to the Clerk of Court within TWENTY-ONE (21) DAYS from the entry date of this Order. Plaintiff is warned that failure to comply in a timely manner could result in the dismissal of this action. The Clerk is DIRECTED to resubmit this action to the undersigned if Plaintiff fails to comply. Next, upon receipt of the completed forms by the Clerk, the Clerk is DIRECTED to prepare a service waiver package. After the service waiver package(s) have been prepared, the Clerk is DIRECTED to complete the lower portion of the Notice of Lawsuit and Request for Waiver form and to mail the service waiver package(s). In the event Defendant does not return the Waiver of Service form to the Clerk of Court within THIRTY-FIVE (35) DAYS following the date the service waiver package was mailed, the Clerk is DIRECTED to prepare and transmit to the U.S. Marshal's Service a service package. The service package must include the USM 285 form, the summons, and one copy of the complaint. Upon receipt of the service package(s), the U.S. Marshal's Service is DIRECTED to personally serve Defendant. The executed waiver form or the completed USM 285 form shall be filed with the Clerk. Plaintiff is DIRECTED to serve upon Defendant a copy of every additional pleading or other document which is filed with the Clerk of the Court. Finally, Plaintiff is also REQUIRED to keep the Court and Defendant advised of his/her current address at all times during the pendency of this action. Plaintiff is cautioned that the failure to do so may result in the dismissal of this action. Signed by Magistrate Judge Regina D Cannon on 9/18/23. (jra)
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| Filing 3 COMPLAINT filed by Gerald A. Smith. (Attachments: #1 Civil Cover Sheet)(jra) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 2 NOTICE TO PRO SE PARTIES. Signed by Magistrate Judge Regina D Cannon on 9/18/23. (jra) |
| Clerk's Certificate of Mailing as to Gerald A. Smith re #2 Notice to Pro Se Parties. (jra) |
| Clerk's Certificate of Mailing as to Gerald A. Smith re #4 Order (jra) |
| Submission of #1 APPLICATION for Leave to Proceed in forma pauperis to Magistrate Judge Regina D Cannon. (lwb) |
| Filing 1 APPLICATION for Leave to Proceed in forma pauperis by Gerald A. Smith. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(lwb) |
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