Young v. Fed Ex Express et al
| Ivan Young |
| Fed Ex Express and Jonathan Stewart |
| 2:2023cv00061 |
| May 8, 2023 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| Candace J Smith |
| P SO |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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Filing 47
ORDER: 1) The Motion to Withdraw Filing #42 is hereby construed as counsel's Motion to Correct Substitute Representation and, as so construed, is hereby granted. 2) The Amended Agreed Order of Substitution of Counsel #43 is hereby granted, and Attorney Julie C. Foster is hereby substituted in place of Attorney Colleen Mountcastle as counsel of record for Defendant Fed Ex Express only. 3) The Clerk of Court is directed to remove Attorney Julie C. Foster as counsel of record for Defendant Jonathan Stewart.Signed by Magistrate Judge Candace J. Smith on 05/26/2023. (SLG)cc: COR and Ivan Young by US Mail
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BAR STATUS Check completed as to Brandon De'Shaun Pettes, Patrick Herman Morris re #46 MOTION for Brandon D. Pettes to Appear Pro Hac Vice by Fed Ex Express ( Filing fee $125; receipt number AKYEDC-5558824), #45 MOTION for Patrick H. Morris to Appear Pro Hac Vice by Fed Ex Express ( Filing fee $125; receipt number AKYEDC-5558812). (SLG)
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***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #46 MOTION for Brandon D. Pettes to Appear Pro Hac Vice by Fed Ex Express ( Filing fee $125; receipt number AKYEDC-5558824), #45 MOTION for Patrick H. Morris to Appear Pro Hac Vice by Fed Ex Express ( Filing fee $125; receipt number AKYEDC-5558812) (SLG)
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***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #44 Notice of Filing, #42 MOTION to Withdraw Filing re #38 Proposed Agreed Order of Substitution of Counsel by Fed Ex Express, Jonathan Stewart by Fed Ex Express due to it being filed in error. MOTION to Withdraw by Fed Ex Express (ECO)
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Filing 46
MOTION for Brandon D. Pettes to Appear Pro Hac Vice by Fed Ex Express ( Filing fee $125; receipt number AKYEDC-5558824)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Affidavit, #2 Proposed Order Proposed Order)(Foster, Julie)
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Filing 45
MOTION for Patrick H. Morris to Appear Pro Hac Vice by Fed Ex Express ( Filing fee $125; receipt number AKYEDC-5558812)Motions referred to Candace J. Smith. (Attachments: #1 Affidavit of Patrick Morris, #2 Proposed Order Proposed Order)(Foster, Julie) Modified text on 5/22/2023 (ECO).
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Filing 44
NOTICE OF FILING by Fed Ex Express re #42 MOTION to Withdraw Filing re #38 Proposed Agreed Order of Substitution of Counsel by Fed Ex Express, Jonathan Stewart by Fed Ex Express due to it being filed in error. MOTION to Withdraw by Fed Ex Express (Attachments: #1 Proposed Order Proposed Order Withdrawing Previous Filing)(Foster, Julie)
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NOTICE OF DEFICIENCY TO Julie Foster re #42 MOTION to Withdraw Filing re #38 Proposed Agreed Order of Substitution of Counsel by Fed Ex Express, Jonathan Stewart by Fed Ex Express due to it being filed in error; attorney failed to submit a [proposed order] as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare adocument entitled Notice of Filing, file the Notice using the event Notice ofFiling, attach the proposed order, and create a link to the related docket entry. cc: COR (SLG)
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***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #43 Proposed Agreed Order of Substitution of Counsel by Fed Ex Express. (SLG)
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Filing 43
Proposed Agreed Order of Substitution of Counsel by Fed Ex Express. (Foster, Julie)
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Filing 42
MOTION to Withdraw Filing re #38 Proposed Agreed Order of Substitution of Counsel by Fed Ex Express, Jonathan Stewart by Fed Ex Express due to it being filed in error., MOTION to Withdraw by Fed Ex Express Motions referred to Candace J. Smith. (Foster, Julie)
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Filing 41
STANDING REFERRAL ORDER: : 1) Case referred to assigned U.S. Magistrate Judge at Covington to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required, and to rule on nondispositive motions, except motions in limine. Dispositive motions and motions in limine will be referred by the Clerk of this court to the undersigned. The final pretrial conference and trial will also be before the undersigned, unless parties agree to a trial by a Magistrate Judge; 3) Discovery disputes shall be resolved in the following manner: (1) Parties to meet/confer in an attempt to resolve disputes; (2) If parties unable to resolve such disputes formally, they shall attempt to resolve their disagreements by telephone conference with the Magistrate Judge; 3) If parties unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court, which shall include the certification required. Signed by Judge David L. Bunning on 01/13/2011.(SLG)cc: COR
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Filing 39
ORDER: (1) This case is REFERRED to the United States Magistrate Judge at Covington in accordance with the Standing Referral Order dated January 13, 2011; (a) The Clerk of Court is directed to file a copy of the aforementioned Standing Referral Order on this cases docket; (2) The Proposed Agreed Order for Substitution of Counsel #38 is GRANTED, and Julie C. Foster of the law firm of Kopka Pinkus Dolin, PC, is substituted as counsel of record for Defendants in place of Colleen Mountcastle and the law firm of Burns White; and (a) The Clerk of Court is directed to update the docket accordingly. Signed by Judge David L. Bunning on 05/16/2023.(SLG)cc: COR
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***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #38 Proposed Agreed Order of Substitution of Counsel by Fed Ex Express, Jonathan Stewart. (SLG)
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Magistrate Judge Candace J. Smith added. P SO no longer assigned to case. (SLG)
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Filing 38
Proposed Agreed Order of Substitution of Counsel by Fed Ex Express, Jonathan Stewart. (Foster, Julie)
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Filing 37
IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers.cc: pro se filer via U.S. Mail (Attachments: #1 Sample Caption Page)(SLG)
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Filing 35
CASE TRANSFERRED IN from District of Ohio Southern. Case number 1:22-cv-00421. Original file, certified copy of transfer order and docket sheet received. cc: COR w/ docket sheet
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Filing 34
ORDER Transferring Case to Eastern District of Kentucky. Signed by Judge Susan J. Dlott on 5/8/2023. (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from ohsd on 5/8/2023.]
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Case transferred to District of Eastern District of Kentucky.Case file and docket sheet sent Electronically. (eh) [Transferred from ohsd on 5/8/2023.]
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Filing 33
REPLY to Response to Motion re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Fedex Express' Partial Motion to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P 12(b)(6) and Memorandum of Law in Support filed by Defendant Fed Ex Express. (Mountcastle, Colleen) [Transferred from ohsd on 5/8/2023.]
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Filing 32
Response to Plaintiff's Objections to Magistrate Judge's Report and Recommendation by Defendant Fed Ex Express. (Mountcastle, Colleen) [Transferred from ohsd on 5/8/2023.]
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Filing 31
RESPONSE to Motion re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Fedex Express' Partial Motion to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P 12(b)(6) and Memorandum of Law in Support ivan young filed by Plaintiff Ivan Young. (Young, Ivan) [Transferred from ohsd on 5/8/2023.]
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Filing 30
RESPONSE to Motion re #25 REPORT AND RECOMMENDATIONS re #3 Complaint filed by Ivan Young ivan young filed by Plaintiff Ivan Young. (Young, Ivan) [Transferred from ohsd on 5/8/2023.]
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Filing 29
JOINT FED. R. EVID. 502 ORDER. Signed by Magistrate Judge Stephanie K. Bowman on 4/3/2023. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from ohsd on 5/8/2023.]
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Filing 28
CALENDAR ORDER: Deadline to move to amend pleadings and/or add parties set for 4/12/2023. Discovery deadline set for 9/13/2023. Deadline for Plaintiff to identify experts and provide reports set for 7/17/2023.Deadline for Defendant to identify experts and provide reports set for 8/14/2023. Dispositive motion deadline set for 10/25/2023. The Final Pretrial Conference and trial dates will be scheduled by Judge Dlott. Signed by Magistrate Judge Stephanie K. Bowman on 4/3/2023. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from ohsd on 5/8/2023.]
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Filing 27
ORDER granting #26 Plaintiff's Motion to Obtain Electronic Case Filing Rights. This authorization is limited to electronic filings made in this case only. Plaintiff shall ensure that he complies with all provisions of this Court's Electronic Filing Policies and Procedures Manual, which is available on the Courts website, www.ohsd.uscourts.gov. Failure to do so will result in a revocation of this Order. Additionally, to ensure that Plaintiff has the ability to receive electronic service of filings, he shall establish an account with Public Access to Court Electronic Records (PACER). Signed by Magistrate Judge Stephanie K. Bowman on 4/3/2023. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from ohsd on 5/8/2023.]
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Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Scheduling Conference held on 4/3/2023. Attorneys Brandon Pettes and Colleen Mountcastle appeared on behalf of Defendant FedEx. The Plaintiff did not appear. The Court made attempts to contact the Plaintiff, however, was not successful. The Court will enter a calendar order. The parties are advised not to file discovery motions; the parties are to call chambers to request a telephone conference instead. The parties should discuss if there is an interest in mediation and if so, contact the Court to request a referral to mediation. Plaintiff may inquire into the Court's pro bono mediation assistance program, if interested. (km) [Transferred from ohsd on 5/8/2023.]
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Filing 26
MOTION by Pro Se Ligitant to obtain electronic case filing rights by Plaintiff Ivan Young. (md) [Transferred from ohsd on 5/8/2023.]
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Filing 25
REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED THAT Plaintiff's complaint be DISMISSED without prejudice as to Defendant Jonathan Stewart for failure of service of process. Objections to R&R due by 4/12/2023. Signed by Magistrate Judge Stephanie K. Bowman on 3/29/2023. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from ohsd on 5/8/2023.]
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Motions Not Referred: #16 Defendant Fedex Express' Partial Motion to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P 12(b)(6). See Western Division at Cincinnati General Order 22-02 (case category five (5)). (km) [Transferred from ohsd on 5/8/2023.]
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Filing 23
RULE 26(f) REPORT Joint Discovery Plan by Defendant Fed Ex Express. (Attachments: #1 Exhibit (Proposed) Joint Fed.R.Evid.502 Order) (Mountcastle, Colleen) [Transferred from ohsd on 5/8/2023.]
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Set/Reset Deadlines: re #21 Show Cause Response due by 3/23/2023. (pb) [Transferred from ohsd on 5/8/2023.]
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Filing 22
ORDER TO SHOW CAUSE - Plaintiff is ORDERED to show cause in writing within 20 DAYS of the entry date of this Order why the complaint should not be dismissed without prejudice as to Defendant Jonathan Stewart for failure of service of process. Show Cause Response due by 3/21/2023. Signed by Magistrate Judge Stephanie K. Bowman on 3/1/2023. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from ohsd on 5/8/2023.]
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Filing 21
ORDER TO SHOW CAUSE - Plaintiff is hereby ORDERED TO SHOW CAUSE, in writing on or before 3/23/2023, why Defendant FedEx Express' Partial Motion to Dismiss as to Plaintiffs hostile work environment and retaliation claims #16 should not be construed as unopposed and granted for the reasons stated. Plaintiff may also satisfy the requirements of this Order by filing a responsive memorandum to Defendants motion by the 3/23/2023 deadline. Failure to timely comply with this Order will result in the pending motion being granted as unopposed for the reasons stated therein. Show Cause Response due by 3/23/2023. Signed by Magistrate Judge Stephanie K. Bowman on 3/1/2023. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from ohsd on 5/8/2023.]
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Filing 20
Notice of Right to Sue letter from the EEOC by Plaintiff Ivan Young re #18 Order. (md) [Transferred from ohsd on 5/8/2023.]
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Filing 19
NOTICE by Defendant Fed Ex Express re #18 Order,,,, Revised Appearance of Counsel (Mountcastle, Colleen) [Transferred from ohsd on 5/8/2023.]
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Filing 18
ORDER - (1) Plaintiff is hereby ORDERED to file a copy of the Notice of Right to Sue letter from the EEOC within 10 days of the date of this Order; (2) So that the record accurately reflects whether Defendant Jonathan Stewart is represented by counsel, counsel for Defendants is hereby ORDERED to clarify in writing, within 10 days of the date of this Order, whether attorney Colleen Mountcastle and the law firm Burns White LLC represents Defendant Jonathan Stewart. As the record accurately reflects that pro hac vice co-counsel Brandon Pettes and Patrick Morris represent Defendant FedEx Express only, co-counsel is not required to comply with this Order; (3) The parties are further ORDERED to comply with the mandates of Fed. R. Civ. P. 26(f) and file their Rule 26(f) Report of the Parties by 3/13/2023. The Court will thereafter, pursuant to Rule 16(b), enter a Calendar Order or will set and hold a Scheduling Conference after which a Calendar Order will be issued. Signed by Magistrate Judge Stephanie K. Bowman on 2/9/2023. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from ohsd on 5/8/2023.]
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Filing 17
ANSWER to #3 Complaint for Race Discrimination filed by Fed Ex Express. (Mountcastle, Colleen) [Transferred from ohsd on 5/8/2023.]
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Filing 16
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Fedex Express' Partial Motion to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P 12(b)(6) and Memorandum of Law in Support by Defendant Fed Ex Express. (Mountcastle, Colleen) [Transferred from ohsd on 5/8/2023.]
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Filing 15
NOTATION ORDER granting #13 Motion for Leave to Appear Pro Hac Vice of Patrick H. Morris as Co-Counsel for Defendant, Fedex Express. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Stephanie K. Bowman on 1/24/2023. (bjr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from ohsd on 5/8/2023.]
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Filing 14
NOTATION ORDER granting #12 Motion for Leave to Appear Pro Hac Vice of Brandon D. Pettes as Co-Counsel for Defendant, FedEx Express. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Stephanie K. Bowman on 1/24/2023. (bjr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from ohsd on 5/8/2023.]
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Filing 13
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9225094) of Patrick H. Morris by Defendant Fed Ex Express. (Mountcastle, Colleen) [Transferred from ohsd on 5/8/2023.]
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Filing 12
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9225058) of Brandon D. Pettes by Defendant Fed Ex Express. (Mountcastle, Colleen) [Transferred from ohsd on 5/8/2023.]
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Filing 11
WAIVER OF SERVICE Returned Executed. Waiver sent to Fed Ex Express on 11/30/2022, answer due 1/30/2023. (Mountcastle, Colleen) [Transferred from ohsd on 5/8/2023.]
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Filing 10
NOTICE OF WITHDRAWAL OF DOCUMENT by Defendant Fed Ex Express re #8 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P. 12(b)(5) (Mountcastle, Colleen) [Transferred from ohsd on 5/8/2023.]
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Filing 9
Corporate Disclosure Statement by Defendant Fed Ex Express. (Mountcastle, Colleen) [Transferred from ohsd on 5/8/2023.]
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Filing 8
MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P. 12(b)(5) by Defendant Fed Ex Express. (Attachments: #1 Memorandum of Law in Support of Its Motion to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P. 12(b)(5), #2 Exhibit Declaration of Cynthia Collins) (Mountcastle, Colleen) Modified Docket Text on 2/13/2023 to Correct Filer Information (km). [Transferred from ohsd on 5/8/2023.]
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Filing 7
NOTICE of Appearance by Colleen A Mountcastle for Defendants Fed Ex Express, Jonathan Stewart (Mountcastle, Colleen) [Transferred from ohsd on 5/8/2023.]
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Filing 6
Summons Returned Unexecuted as to Jonathan Stewart. (kh) Modified Docket Text to Correct Name of Defendant on 11/22/2022 (km). [Transferred from ohsd on 5/8/2023.]
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Filing 5
SUMMONS Returned Executed as to Defendant Fed Ex Express. Fed Ex Express served on 11/8/2022, answer due 11/29/2022. (kh) [Transferred from ohsd on 5/8/2023.]
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Filing 4
Summons Issued as to Fed Ex Express, Jonathan Stewart. Summons sent to USMS for service with USM-285 forms, copies of complaint and order granting in forma pauperis. (km) [Transferred from ohsd on 5/8/2023.]
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Filing 3
COMPLAINT with JURY DEMAND against Fed Ex Express, Jonathan Stewart, filed by Ivan Young. (Attachments: #1 Civil Cover Sheet) (km) [Transferred from ohsd on 5/8/2023.]
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Filing 2
ORDER granting #1 Plaintiff's Motion for Leave to Proceed in forma pauperis. It is ORDERED that the United States Marshal serve a copy of the complaint, summons, and this order granting leave to proceed in forma pauperis upon defendants as directed by plaintiff. All costs of service shall be advanced by the United States. Signed by Magistrate Judge Stephanie K. Bowman on 8/22/2022. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from ohsd on 5/8/2023.]
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Filing 1
MOTION for Leave to Proceed in forma pauperis by Plaintiff Ivan Young. (Attachments: #1 Complaint, #2 Civil Cover Sheet, #3 Summons, #4 USM-285 Forms) (kh) [Transferred from ohsd on 5/8/2023.]
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