Rowden v. Nichols et al
| Deena Jane Rowden |
| Debra June Nichols, Clyde Ivory Wilson and Tanya LeeAnn Whitler |
| 2:2022cv04034 |
| March 3, 2022 |
| US District Court for the Western District of Missouri |
| Nanette K Laughrey |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 4
ORDER by Judge Nanette K. Laughrey. On March 15, 2022, in granting the pro se plaintiff's motion for leave to proceed in forma pauperis, the Court ordered the plaintiff to file her complaint on or before April 5, 2022. Doc. 3 . The Court warned that failure to timely file the complaint would result in dismissal of the case with no further notice. The deadline for plaintiff to file the complaint passed two weeks ago, and no complaint has been filed. Accordingly, this case is DISMISSED without prejudice. A copy of this order has been mailed to the pro se plaintiff Deena Jane Rowden at 195 Cedar Lane, Iberia, MO 65486. Signed on 04/19/2022 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania)
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Filing 3
ORDER by Judge Nanette K. Laughrey. Plaintiff's motion, Doc. #1 , to proceed in forma pauperis, is granted, subject to further consideration by the Court upon a showing that the allegation of poverty is untrue, or that the claim is frivolous under 28 U.S.C. 1915. However, Plaintiff has failed to include in her proposed complaint any statement of the grounds for the Court's jurisdiction or the nature of her claim(s) or the relief she is seeking. Plaintiff must file a complaint that complies with Federal Rule of Civil Procedure 8 ("A pleading that states a claim for relief must contain: (1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought, which may include relief in the alternative or different types of relief.") on or before April 5, 2022. Failure to file such a complaint within the time specified will result in dismissal of the case without further notice.Upon timely filing the complaint, if Plaintiff provides the appropriate forms to the Clerk of the Court, the United States Marshall shall attempt service of process (by personal service or certified mail, return receipt requested) upon Defendants at the addresses supplied by Plaintiff and as directed by Rule 4.Under 28 U.S.C. 1915(e)(1), a district court may, in its discretion, request an attorney to represent an indigent person in a civil proceeding. Patterson v. Kelley, 902 F.3d 845, 850 (8th Cir. 2018). However, the district court first must consider the nature of the case itself, including its factual and legal complexity, the ability of the indigent person to investigate and present their claims, and whether the claim is frivolous. Phillips v. Jasper City Jail, 437 F.3d 791, 794 (8th Cir. 2006). Because Plaintiff has presented the Court with no information concerning the nature of the claims, the Court cannot undertake even this preliminary analysis. Accordingly, the motion for appointment of counsel (Doc. #2 ) is denied.The Clerk's Office shall mail a copy of this order to the pro se plaintiff. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra) Modified on 3/16/2022 to reflect copy mailed to Deena Jane Rowden at 195 Cedar Lane, Iberia, MO 65486 (Berner, Crystal).
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| Filing 2 PRO SE MOTION to appoint counsel filed by Deena Jane Rowden. Suggestions in opposition/response due by 3/17/2022 unless otherwise directed by the court. NEF mailed to Deena Jane Rowden at 195 Cedar Lane, Iberia, MO 65486. (Berner, Crystal) |
| Filing 1 PRO SE MOTION for leave to proceed in forma pauperis filed by Deena Jane Rowden. Suggestions in opposition/response due by 3/17/2022 unless otherwise directed by the court. (Attachments: #1 Complaint, #2 Exhibits to Complaint, #3 Civil Cover Sheet(s) NEF mailed to Deena Jane Rowden at 195 Cedar Lane, Iberia, MO 65486. (Berner, Crystal) |
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