Dicke v. Somoza
| Lynn Dicke |
| Ellie Somoza |
| 1:2022cv00020 |
| January 14, 2022 |
| US District Court for the District of Idaho |
| David C Nye |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 14, 2022. A more recent docket listing may be available from PACER.
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Filing 42
Request Court Dismiss Superseding Indictment and Order to the Defendant Release the Plaintiffs Passport. by Plaintiff Lynn Dicke. Responses due by 4/4/2022 (Attachments: #1 Copy of Envelope)(lm)
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Filing 41
JUDGMENT - Pursuant to the Courts Memorandum Decision and Order (Dkt. #40 ), IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Defendant and that this case is dismissed, in its entirety, with prejudice, with each party to bear its own costs and fees. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
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Filing 40
MEMORANDUM DECISION AND ORDER - Defendants Motion to Dismiss (Dkt. #22 ) is GRANTED and Dickes Amended Complaint in dismissed with prejudice; Dickes Motion to Appoint Counsel (Dkt. #15 ) and Motion to Appoint Standby Counsel (Dkt. #17 ) are moot and are therefore DENIED; Dickes Motion to Stop Legal Proceedings (Dkt. #16 ) and Motion for Injunctive Relief (Dkt. #19 ) are moot and are therefore DENIED; Dickes Motion for Return of Passport (Dkt. #28 ) is moot and is therefore DENIED. Dickes Motion to Expedite (Dkt. #30 ) is moot and is therefore DENIED; The Court will issue a separate judgment pursuant to Federal Rule of CivilProcedure 58; This case is closed. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
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Filing 39
NOTICE by Ellie Somoza Notice of Filing (Superceding Indictment) (Attachments: #1 State Court Complaint State Superceding Indictment)(Klempel, Alexis)
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Filing 38
DOCKET ENTRY ORDER Plaintiff has recently filed a motion and various documents seeking the return of her passport. Because the Court intends to issue a decision on the multiple pending motions in this case by the end of this week, the Defense shall file a response, if any, to Plaintiff's request for the return of her passport on or before March 9, 2022. In addition, as both parties make reference to the Superseding Indictment in Plaintiff's state criminal case in various filings with this Court, the defense is directed to file a copy of the Superseding Indictment in Canyon County Case CR14-19-16748 with this Court on or before March 9, 2022. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (nt)
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Filing 37
Respond Superseding Indictment and Apply to Court for Relief by Plaintiff Lynn Dicke. (lm)
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Filing 36
SUPPLEMENT by Plaintiff Lynn Dicke. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement)(lm)
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Filing 35
RESPONSE to Motion re #16 MOTION Stop Legal Proceedings in State Court, #15 MOTION to Appoint Counsel, #17 MOTION to Appoint Counsel, #19 MOTION Apply to the Court for Injunctive Relief filed by Ellie Somoza. Replies due by 3/11/2022.(Klempel, Alexis)
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Filing 34
Evidence for the Defendant not Release Plaintiffs Passport. by Lynn Dicke (Attachments: #1 Photographic Evidence)(lm)
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Filing 33
Opposing Defendant the Motion for Dismiss Case the Evidence by Lynn Dicke (Attachments: #1 Canyon County Criminal Complaint)(lm)
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Filing 32
Opposing Defendant the Motion for Dismiss Case the Evidence. filed by Lynn Dicke. Replies due by 3/9/2022. (Attachments: #1 Supreme Court Docket)(lm)
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Filing 31
Exhaustion of Remedies by Lynn Dicke (Attachments: #1 Canyon County Court Minutes)(lm)
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Filing 30
Affidavit of Application to Court for Relief by Plaintiff Lynn Dicke. Responses due by 3/11/2022 (Attachments: #1 Affidavit)(lm)
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Filing 29
SUPPLEMENT - Evidence for the Defendant Not Release Plaintiffs Passport by Plaintiff Lynn Dicke. Responses due by 3/11/2022 (Attachments: #1 Canyon County Court Documents(lm) Modified on 3/7/2022 to edit Dkt title(lm).
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Filing 28
Evidence for the Defendant Not Release Plaintiffs Passport. by Plaintiff Lynn Dicke. Responses due by 3/11/2022 (Attachments: #1 Photographic Evidence)(lm)
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Filing 27
Affidavit Nampa P.D Cash Release Document by Plaintiff Lynn Dicke. (lm)
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Filing 26
RESPONSE to Motion To Dismiss (Dkt. #22 ) filed by Lynn Dicke. Replies due by 3/4/2022. (Attachments: #1 Court Minutes, #2 Canyon County Court Documents)(lm)
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Filing 24
NOTICE to Pro Se Litigants of the Summary Judgment Rule Requirement (lm)
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Filing 23
NOTICE by Ellie Somoza re #22 Motion to Dismiss for Failure to State a Claim (Amended Complaint) Notice of Service (Klempel, Alexis)
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Filing 22
Motion to Dismiss for Failure to State a Claim (Amended Complaint) Alexis R Klempel appearing for Defendant Ellie Somoza. Responses due by 3/9/2022 (Klempel, Alexis)
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Filing 21
NOTICE of Change of Address by Lynn Dicke - Address has been updated in the system. (lm)
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Filing 25
Corrected COMPLAINT against Ellie Somoza, filed by Lynn Dicke. (km)
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Filing 20
MEMORANDUM DECISION AND ORDER - Dickes Motion to Withdraw Evidence (Dkt. #3 ) is DENIED as MOOT. Dickes Supplement (Dkt. #5 ) is DENIED as MOOT. Dickes Explained nor returned the distrained property (Dkt. #6 ) is DENIED as MOOT. Somozas Motion to Dismiss for Failure to State a Claim (Dkt. #13 ) is DENIED as MOOT. Somozas responses to Dickes Motion to Appoint Counsel (Dkt. #15 ), Motion to Stop Legal Proceedings (Dkt. #16 ), Motion to Appoint Standby Counsel (Dkt. #17 ) and Motion for Injunctive Relief (Dkt. #19 ) are due on or before February 28, 2022. Dickes reply briefs (if any) are due on or before March 7, 2022. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
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Filing 19
Apply to the Court for Injunctive Relief by Plaintiff Lynn Dicke. Responses due by 3/3/2022 (Attachments: #1 Exhibit)(lm)
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Filing 18
AMENDED COMPLAINT and Request for Injunction (lm)
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Filing 17
Apply to the Court for Standby Counsel by Plaintiff Lynn Dicke. Responses due by 3/3/2022 (lm)
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Filing 16
MOTION To Stop Legal Proceedings in State Court by Plaintiff Lynn Dicke. Responses due by 3/1/2022 (lm)
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Filing 15
MOTION to Appoint Counsel by Plaintiff Lynn Dicke. Responses due by 3/1/2022 (lm)
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Filing 14
NOTICE to Pro Se Litigants of the Summary Judgment Rule Requirement (lm)
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Filing 13
Motion to Dismiss for Failure to State a Claim Alexis R Klempel appearing for Defendant Ellie Somoza. Responses due by 2/28/2022 (Klempel, Alexis)
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Filing 12
NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Lynn Dicke, Ellie Somoza re #11 Notice of Appearance, #1 Complaint Consent/Objection to Magistrate due by 4/5/2022. (lm)
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Filing 11
NOTICE of Appearance by Alexis R Klempel on behalf of Ellie Somoza (Klempel, Alexis)
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Filing 10
DOCKET ENTRY ORDER denying #9 Motion to Appoint Counsel. On January 31, 2022, Plaintiff Lynn Dicke filed a Motion to Appoint Counsel (Dkt. 9). Plaintiff does not seek appointment of counsel in the instant federal case, but instead asks the Court to appoint counsel to represent her in her state criminal case, and in time for a hearing on February 2, 2022. For this Court to do so (assuming it even could) would interfere with an ongoing state criminal case that implicates an important state interest, and for which there is adequate remedy within the state court system. Younger v. Harris, 401 U.S. 37, 43-54 (1971)(explaining a federal court should interfere in an ongoing state criminal matter only in the most unusual of circumstances). Plaintiff has demonstrated any circumstances which would warrant such interference and her Motion to Appoint Counsel is accordingly DENIED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (nt)
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Filing 9
MOTION to Appoint Counsel by Plaintiff Lynn Dicke. Responses due by 2/22/2022 (Attachments: #1 Court Minutes from Canyon County)(lm)
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Filing 8
NOTICE of Change of Address by Lynn Dicke - Address has been updated to reflect the notice. (lm)
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Filing 7
Exhaustion of Remedies by Lynn Dicke (lm)
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Filing 6
Explained nor returned the dis-trained property.by Plaintiff Lynn Dicke. Responses due by 2/16/2022 (lm)
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Filing 5
Supplement - Re: (Dkt. #1 ) Complaint by Plaintiff Lynn Dicke. Responses due by 2/15/2022 (Attachments: #1 Disciplinary Order)(lm) Modified on 1/27/2022 to edit docket text from motion to supplement (lm).
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Filing 4
SUMMONS Returned Executed by Lynn Dicke. Ellie Somoza served on 1/20/2022, answer due 2/10/2022. (lm)
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Filing 3
MOTION to Withdraw Evidence re (Dkt. #1 ) Complaint/Supplement. by Plaintiff Lynn Dicke. Responses due by 2/8/2022 (lm)
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Filing 2
Summons Issued as to Ellie Somoza. (Print attached Summons for service.) (kmp)
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Filing 1
COMPLAINT against Ellie Somoza y, filed by Lynn Dicke. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(kmp)
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RECEIPT: cash Fee Received $ 402, receipt # 29163 (kmp)
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| Plaintiff: Lynn Dicke | |
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| Defendant: Ellie Somoza | |
| Represented By: | Alexis R Klempel |
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