Cruz-McCoy v. Boone County Court et al
| Leila Marie Cruz-McCoy |
| Boone County Court, Kathy S. Lloyd, Brianna L. Lennon, Christy Blakemore, Derek Hux, Stehanie Marie Morrell, Tracy Z. Gonzalez, Kayla LNU, Tina LNU, Sarah LNU, State of Missouri and Boone County |
| 2:2023cv04001 |
| January 4, 2023 |
| US District Court for the Western District of Missouri |
| Nanette K Laughrey |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 27
Order of Dismissal pursuant to Order 26 entered on 02/28/2023. Signed on 02/28/2023 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania)
|
|
Filing 26
Order by Judge Nanette K. Laughrey. The Court construes Plaintiff's #25 Motion to Dismiss as a Notice of Voluntary Dismissal pursuant to Federal Rule of Civil Procedure 41(a). As a result, Plaintiff's #10 Motion for Leave to Proceed In Forma Pauperis is DENIED. Plaintiff's #24 Motion For Recusal is further DENIED as moot, and the case is DISMISSED. The Clerk's Office is directed to close this case. Signed on 2/28/2023 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Gassen, Austin)
|
| Filing 25 PRO SE MOTION to dismiss without prejudice filed by Leila Marie Cruz-McCoy. Suggestions in opposition/response due by 3/13/2023 unless otherwise directed by the court. (Attachments: #1 Envelope)(Warren, Melissa) |
| Filing 24 PRO SE MOTION for Judge to recusal herself due to Judicial bias; racist, able-ist, gender, familial status discrimination & entering false information into the case record purjury filed by Leila Marie Cruz-McCoy. Suggestions in opposition/response due by 3/10/2023 unless otherwise directed by the court. Document received via EDSS on 2/24/2023.(Warren, Melissa) |
| Filing 23 RESPONSE to order re 21 Order filed on behalf of Plaintiff Leila Marie Cruz-McCoy. Document received via EDSS on 02/24/2023. (Related document(s) 21 ) (Berner, Crystal) |
| Filing 22 RESPONSE TO ORDER TO SHOW CAUSE 20 by Leila Marie Cruz-McCoy. Document received via EDSS on 2/23/2023 (Warren, Melissa) |
|
Filing 21
ORDER by Judge Nanette K. Laughrey. The Court construes Doc. 19 as Plaintiff's amended complaint, filed pursuant to the Court's 16 Order. However, Plaintiff has not fully complied with that Order, as Plaintiff has not provided allegations sufficient to convey what the factual basis for each of her claims is and what role each defendant played. Accordingly, Plaintiff is ordered to supplement the amended complaint by providing no more than one page of factual allegations to support each claim on or before March 16, 2023. Failure to so supplement her amended complaint will result in dismissal of the case. Plaintiff shall not file any additional material without leave of court until she has fully complied with the Court's orders. Signed on 2/23/2023 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Gassen, Austin)
|
|
Filing 20
ORDER by Judge Nanette K. Laughrey. Plaintiff has filed at least twelve cases in the Western District of Missouri since April 19, 2022. Most of the cases involve similar factual allegations against the same defendants, repeatedly. In each case, Plaintiff has sought to proceed in forma pauperis. In some cases, Plaintiff's application to proceed in forma pauperis has been denied. In several other cases, the Court has granted leave to proceed in forma pauperis but immediately dismissed the complaint. In many cases, neither the factual allegations nor the defendants appeared to have any connection to Missouri. "[T]he decision whether to grant or deny in forma pauperis status is within the sound discretion of the trial court." Cross v. General Motors Corp., 721 F.2d 1152, 1157 (8th Cir. 1983) (internal citations omitted). "[A]fter weighing the relevant factors," the Court may "properly determine[ ] that a litigant's abusive conduct merits a prefiling injunction." In re Pointer, 345 Fed. Appx. 204, 205 (8th Cir. 2009). Plaintiffs "who in bad faith consistently abuse the judicial process and privilege of litigating at public expense" may be subject to pre-filing review procedures "restricting the availability of cost-free access to court." Bennett v. Miller, 2014 WL 60092, *7 (D.S.D. 2014) (quoting Peck v. Hoff, 660 F.2d 371, 374 (8th Cir. 1981)). In light of the facts and applicable law, Plaintiff is ORDERED TO SHOW CAUSE, in writing, on or before March 9, 2023, why the court should not enter an injunction prohibiting her from seeking to file in forma pauperis in the Western District of Missouri without leave of Court (1) any new case asserting claims with respect to conduct that did not take place in Missouri, (2) any new case against defendants who do not reside in or are not citizens of Missouri, and (3) any new case making the same or related allegations against the defendants she has already named in any of the lawsuits she has filed to date in the Western District of Missouri.Further, because the Court has at times been unable to contact the Plaintiff using the information she provided, Plaintiff is ORDERED to ensure that her current address, telephone number, and email address are properly listed in the Court's electronic case filing system. Signed on 2/23/2023 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Gassen, Austin)
|
| Filing 19 AMENDED COMPLAINT against All Defendants by Leila Marie Cruz-McCoy. (Moore, Terri) |
|
Filing 18
Order by Judge Nanette K. Laughrey. The Court previously directed Ms. Cruz to file one consolidated complaint containing all of her claims and all the allegations supporting them. See Doc. 16 . Ms. Cruz has since filed another Motion to Add Claims for Relief. Doc. 17. Consistent with the Court's 16 Order, that #17 Motion is DENIED. Ms. Cruz shall not file any other motion to add claims for relief until after she has filed a signed complaint, consistent with the Court's prior order. Even then, as the Court explained, such motions will be disfavored. If Ms. Cruz continues to file unauthorized Motions to Add Claims for Relief, the Court may impose sanctions, including a limitation on Ms. Cruz's ability to file. Signed on 2/23/2023 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Gassen, Austin)
|
| Filing 17 MOTION for order to add claims for relief filed by Leila Marie Cruz-McCoy. Suggestions in opposition/response due by 3/6/2023 unless otherwise directed by the court. Document submitted via EDSS on 2/19/23. (Moore, Terri) |
|
Filing 16
Order by Judge Nanette K. Laughrey. Before the Court are four motions by Pro Se Plaintiff Leila Cruz seeking to add claims for relief. See Docs. 11, 12, 13, 15. Ms. Cruz has not yet filed a signed complaint in compliance with this Courts January 24, 2023 Order. Accordingly, the Court DENIES each of Ms. Cruz's Motions. On or before March 1, 2023, Ms. Cruz must file one concise, consolidated complaint containing all the claims against all the parties she seeks to name as defendants in this lawsuit. Ms. Cruz must also specifically identify which claims she asserts against each defendant. Ms. Cruz must also sign the complaint, pursuant to Rule 11 and this Court's prior Order. If Ms. Cruz files her complaint in compliance with this Court's Order, the Court will consider it along with her renewed motion for leave to proceed in forma pauperis. Doc. 10. Ms. Cruz is warned that the Court will disfavor any additional motions to add or supplement her claims after her consolidated complaint has been filed; all allegations must be contained within the consolidated complaint, and, moving forward, the Court will strictly enforce the requirements of Federal Rule of Civil Procedure 15. Signed on 2/16/2023 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Gassen, Austin)
|
| Filing 15 MOTION for order to add claims for relief filed by Leila Marie Cruz-McCoy. Suggestions in opposition/response due by 2/28/2023 unless otherwise directed by the court. (Moore, Terri) |
| Filing 14 PRO SE SUGGESTIONS in support re #10 MOTION for leave to proceed in forma pauperis filed by Leila Marie Cruz-McCoy. (Attachments: #1 SSI Award Letter)(Related document(s) #10 ) Document received via EDSS on 2/13/2023.(Warren, Melissa) |
| Filing 13 PRO SE MOTION to add claims for relief: Retaliation, 14th Amendment violations, VAWA violations and denial of due process filed by Leila Marie Cruz-McCoy. Suggestions in opposition/response due by 2/27/2023 unless otherwise directed by the court. Document received via EDSS on 2/11/2023. (Warren, Melissa) |
| Filing 12 PRO SE MOTION to add claim for relief filed by Leila Marie Cruz-McCoy. Suggestions in opposition/response due by 2/27/2023 unless otherwise directed by the court. Document received via EDSS on 2/11/2023. (Warren, Melissa) |
| Filing 11 MOTION for Order to add claim for relief, MOTION to amend relief sought, MOTION for Order to accept SSI award letter for IFP application filed by Leila Marie Cruz-McCoy. Suggestions in opposition/response due by 2/23/2023 unless otherwise directed by the court. (Attachments: #1 SSI Award Letter)(Moore, Terri) |
| Filing 10 PRO SE MOTION for leave to proceed in forma pauperis filed by Leila Marie Cruz-McCoy. Suggestions in opposition/response due by 2/7/2023 unless otherwise directed by the court. Document received via EDSS on 01/24/2023. (Berner, Crystal) (Additional attachment(s) added on 1/25/2023: #1 Affidavit) (Berner, Crystal). |
|
Filing 9
Order by Judge Nanette K. Laughrey. Plaintiff's #1 Motion for Leave to Proceed In Forma Pauperis is DENIED without prejudice. Neither Plaintiff's [1-1] Complaint nor #2 Financial Affidavit are signed, as required by Rule 11 and Local Rule 83.7. The Financial Affidavit is also not notarized, as required. Accordingly, Plaintiff's Motion must be denied. As a result, Plaintiff's #6 Motion to Appoint Counsel, #7 Motion to Amend, and #8 Motion to Amend are DENIED as moot. If she chooses, Plaintiff may refile a Motion to Proceed in Forma Pauperis. Plaintiff must comply with all Local and Federal Rules if she does, including by submitting a properly signed Complaint and a signed and notarized Financial Affidavit. Signed on 1/24/2023 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Gassen, Austin)
|
| Filing 7 PRO SE MOTION to add claims for relief filed by Leila Marie Cruz-McCoy. Suggestions in opposition/response due by 2/6/2023 unless otherwise directed by the court. Document received by EDSS on 1/22/2023.(Warren, Melissa) |
| Filing 8 PRO SE MOTION to amend claims for relief and MOTION to appoint counsel protective counsel for plaintiff filed by Leila Marie Cruz-McCoy. Suggestions in opposition/response due by 2/6/2023 unless otherwise directed by the court. Documents received via EDSS on 1/21/2023.(Warren, Melissa) |
| Filing 6 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 5 NOTICE of change of address and income update report filed by Leila Marie Cruz-McCoy. NEF mailed to Leila Marie Cruz-McCoy, 1201 Elleta Blvd, Columbia, MO 65202 (Attachments: #1 Envelope)(Warren, Melissa) |
|
Filing 4
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. (Copy of NEF mailed to plaintiff). (Howard, Linda)
|
| Filing 3 This case has been removed from the MAP program. NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: # 1 MAP General Order) Notice of inclusion, General Order and NEF mailed to Leila Marie Cruz-McCoy, 1201 Elleta Blvd, Columbia, MO 65202.(Warren, Melissa) Modified on 1/9/2023 to reflect MAP program removed and NEF regenerated. NEF mailed to NEF mailed to Leila Marie Cruz-McCoy, 1201 Elleta Blvd, Columbia, MO 65202.(Warren, Melissa). |
| Filing 2 FINANCIAL AFFIDAVIT by Leila Marie Cruz-McCoy. NEF mailed to Leila Marie Cruz-McCoy, 1201 Elleta Blvd, Columbia, MO 65202. (Attachments: #1 Attachment)(Warren, Melissa) |
| Filing 1 PRO SE MOTION for leave to proceed in forma pauperis filed by Leila Marie Cruz-McCoy. Suggestions in opposition/response due by 1/18/2023 unless otherwise directed by the court. NEF mailed to Leila Marie Cruz-McCoy, 1201 Elleta Blvd, Columbia, MO 65202. (Attachments: #1 Complaint, #2 Civil Cover Sheet, #3 Envelope) (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.
