Cruz-McCoy et al v. San Diego Child Welfare Services et al
| Leila Cruz-McCoy and Leila Marie Cruz-McCoy |
| San Diego Child Welfare Services, Lynette Miller, Christopher Hines, Health and Human Services of San Diego, Nick Macchione, JCM, Kimberly Giardina, Tien Nguyen and Tatianna Cruz |
| 2:2022cv04193 |
| December 29, 2022 |
| US District Court for the Western District of Missouri |
| M Douglas Harpool |
| Nanette K Laughrey |
| Constitutional - State Statute |
| 28 U.S.C. ยง 2201 Constitutionality of State Statute(s) |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 12 CLERK'S JUDGMENT (Lock, Tania) |
Filing 11
ORDER by Judge Nanette K. Laughrey. Based on the face of the proposed complaint, the court lacks personal jurisdiction against most defendants and venue appears improper because all defendants but one are based in California and the alleged conduct did not take place in Missouri. The additional claims and defendants that the plaintiff seeks to add through her motions would not cure the deficiencies. As for the sole defendant that is alleged to live in Missouri, the complaint does not suggest what, if any, role she played in connection with Plaintiff's claims and allegations. Plaintiff therefore has failed to state a claim against that Missouri defendant, Tatianna Cruz. Accordingly, the motion to proceed in forma pauperis (Doc. #1 ) is granted, but the case against Tatianna Cruz is dismissed for failure to state a claim, and the case against the remaining defendants is dismissed for lack of personal jurisdiction and improper venue. See Sanders v. United States, 760 F.2d 869, 871 (8th Cir. 1985) (affirming dismissal of pro se complaint as frivolous where, "[a]fter a close reading of the plaintiff's detailed complaint, it is clear that he can allege no set of facts which would support an exercise of jurisdiction over the defendants by the district court" because "[t]he plaintiff's complaint fails to allege that the [out-of-state] defendants committed any act in Missouri"); Lietzke v. City of Montgomery, No. CV 16-5111-JLV, 2017 WL 58829, at *2 (D.S.D. Jan. 5, 2017) (granting motion for leave to proceed in forma pauperis and dismissing complaint for want of personal jurisdiction over defendants (citing Sanders, 760 F.2d at 871)); Fed. R. Civ. P. 12(b)(6). The motions to add additional claims for relief and additional California-based defendants (Docs. #6 , #7 , #8 , #9 , and #10 ) are DENIED on the ground that any such amendments would be futile. The motion for appointment of counsel (Doc. #5 ) is DENIED as MOOT. Signed on February 23, 2023 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra)
|
| Filing 10 PRO SE MOTION to amend claims for relief, motion to amend relief sought, motion to add additional defendants and add plaintiff Clyde McCoy to lawsuit as Plaintiff Pro Se filed by Leila Marie Cruz-McCoy. Suggestions in opposition/response due by 2/16/2023 unless otherwise directed by the court. Document received via EDSS on 2/2/2023.(Warren, Melissa) |
| Filing 9 PRO SE MOTION to Add a Defendant in the Lawsuit filed by Leila Marie Cruz-McCoy. Suggestions in opposition/response due by 2/10/2023 unless otherwise directed by the court. Document received via EDSS on 01/27/2023.(Berner, Crystal) |
| Filing 8 PRO SE MOTION to add 2/two defendant filed by Leila Marie Cruz-McCoy. Suggestions in opposition/response due by 1/25/2023 unless otherwise directed by the court. Document received via EDSS on 1/11/2023.(Warren, Melissa) |
| Filing 7 PRO SE MOTION for order to add a claim for relief on behalf of plaintiff JCM filed by Leila Marie Cruz-McCoy. Suggestions in opposition/response due by 1/26/2023 unless otherwise directed by the court. Document received via EDSS on 1/11/2023.(Warren, Melissa) |
| Filing 6 PRO SE MOTION to add a claim for relief on behalf of plaintiff JCM filed by Leila Marie Cruz-McCoy. Suggestions in opposition/response due by 1/24/2023 unless otherwise directed by the court. NEF mailed to Leila Marie Cruz-McCoy, 1201 Elleta Blvd, Columbia, MO 65202. (Attachments: #1 Envelope)(Warren, Melissa) |
| Filing 5 PRO SE MOTION to appoint counsel filed by Leila Marie Cruz-McCoy. Suggestions in opposition/response due by 1/24/2023 unless otherwise directed by the court. NEF mailed to Leila Marie Cruz-McCoy, 1201 Elleta Blvd, Columbia, MO 65202. (Attachments: #1 Envelope)(Warren, Melissa) |
| Filing 4 This document has been deleted as it was filed in the wrong case. (Warren, Melissa) |
|
Filing 3
ORDER TRANSFERRING/REASSIGNING CASE. With the consent of the Honorable Nanette K. Laughrey and pursuant to Local rule 83.9, this case is hereby transferred. Case reassigned to District Judge Nanette K. Laughrey for all further proceedings. District Judge M. Douglas Harpool no longer assigned to case. Signed on 1/4/23 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Howard, Linda) Modified on 1/4/2023 Copy of NEF mailed to plaintiff (Howard, Linda).
|
| Filing 2 FINANCIAL AFFIDAVIT by Leila Cruz-McCoy. (Attachments: #1 Exhibit)(Woods, Gloria) Modified on 1/4/2023 to reflect NEF mailed to Leila Marie Cruz-McCoy, 1201 Elleta Blvd, Columbia, MO 65202 (Warren, Melissa). |
| Filing 1 Pro Se MOTION for leave to proceed in forma pauperis filed by Leila Cruz-McCoy. Suggestions in opposition/response due by 1/12/2023 unless otherwise directed by the court. (Attachments: #1 Complaint, #2 Civil Cover Sheet, #3 Envelope)(Woods, Gloria) Modified on 1/4/2023 to reflect NEF mailed to Leila Marie Cruz-McCoy, 1201 Elleta Blvd, Columbia, MO 65202 (Warren, Melissa). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Missouri Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
