Cruthirds v. Sanborn et al
| Shelia Y. Cruthirds |
| Jeffrey M. Sanborn and Christine Wormuth |
| 5:2022cv00144 |
| April 12, 2022 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 21, 2023. A more recent docket listing may be available from PACER.
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Filing 13
ORDER adopting Report and Recommendations regarding #7 Memorandum and Recommendations; adopting Report and Recommendations regarding #9 Memorandum and Recommendations; denying #1 Motion for Leave to Proceed in forma pauperis. With respect to plaintiff's proposal for a payment plan of four installments until August 17, 2022, the court in its discretion will allow plaintiff an extension until August 17, 2022, to complete payment of the requisite $402.00 filing fee in this case. Plaintiff may make partial payments toward(s) that amount prior to that date, or plaintiff may pay the entire filing fee on or before that date. Upon completion of payment(s) comprising the full filing fee, the action may proceed. Signed by District Judge Louise Wood Flanagan on 6/7/2022. Plaintiff is reminded to read the order in its entirety for critical deadlines and information.(Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina.) (Collins, S.)
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Filing 12
OBJECTION to #9 , #7 Memorandum and Recommendations by Shelia Y. Cruthirds. (Attachments: #1 Letter from Dept of Defense dated 3-17-14, #2 Envelope) (Collins, S.)
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Filing 11
Document: Request for Marshals to Effect Service of Summons filed by Shelia Y. Cruthirds. (Attachments: #1 Copy of Complaint, #2 Proposed Summons on a Third Party Complaint, #3 Envelope) (Collins, S.)
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Filing 10
Notice Proposed Summons filed by Shelia Y. Cruthirds. (Attachments: #1 Envelope) (Collins, S.)
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Filing 9
MEMORANDUM AND RECOMMENDATIONS regarding #1 MOTION for Leave to Proceed in forma pauperis filed by Shelia Y. Cruthirds. Objections to Memorandum and Recommendations due by 6/6/2022. Signed by Magistrate Judge Kimberly A. Swank on 5/23/2022. (Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina.) (Collins, S.)
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TEXT ORDER regarding #7 MEMORANDUM AND RECOMMENDATION ("M&R") and #1 MOTION for Leave to Proceed in forma pauperis - Upon review of plaintiff's objections to the M&R, pursuant to 28 U.S.C. 636(b)(1), the court recommits the matter to the magistrate judge with instructions to reconsider the motion in light of the additional information provided in plaintiff's objections, and to proceed with frivolity review of plaintiff's complaint if appropriate. Signed by District Judge Louise Wood Flanagan on 5/20/2022. This docket text entry is the official and binding order of the court and intentionally is not accompanied by a separate document. (See Electronic Case Filing Administrative Policies and Procedures Manual, section V(I)(2). (Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina.) (Castania, M)
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Motion Referred to US Magistrate Judge Kimberly A. Swank regarding #1 MOTION for Leave to Proceed in forma pauperis. (Castania, M)
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Filing 8
OBJECTIONS to #7 Memorandum and Recommendation (captioned "Memorandum & Recommendation") by Shelia Y. Cruthirds. (Castania, M) (Additional attachment(s) added on 5/19/2022: #1PROPOSED SEALED More Evidence for Review, #2 Envelope) (Castania, M).
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Notice regarding #8 Objection to Memorandum and Recommendation - Plaintiff did not comply with Fed. R. Civ. P. 5.2, regarding privacy protection. A party waives the federal rule privacy protection by filing documents without redaction. For additional information, refer to the Privacy Notice located under the Self Representation section of the court's website (www.nced.uscourts.gov). The additional evidence attached to the objections to the memorandum and recommendation have been placed under temporary seal to allow plaintiff to take corrective action. (Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina.) (Castania, M)
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Motion Submitted to District Judge Louise Wood Flanagan regarding #7 MEMORANDUM AND RECOMMENDATION regarding #1 MOTION for Leave to Proceed in forma pauperis filed by Shelia Y. Cruthirds; #1 MOTION for Leave to Proceed in forma pauperis. (Castania, M)
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Filing 7
MEMORANDUM AND RECOMMENDATIONS regarding #1 MOTION for Leave to Proceed in forma pauperis filed by Shelia Y. Cruthirds. Objections to Memorandum and Recommendations due by 5/19/2022. Signed by Magistrate Judge Kimberly A. Swank on 5/5/2022. (Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina.) (Collins, S.)
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Motion Referred to Kimberly A. Swank regarding #1 MOTION for Leave to Proceed in forma pauperis. (Collins, S.)
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Filing 6
Notice Proposed Summons filed by Shelia Y. Cruthirds. (Attachments: #1 Envelope) (Collins, S.)
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Filing 5
Notice Proposed Summons filed by Shelia Y. Cruthirds. (Collins, S.)
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Filing 4
Financial Disclosure Statement filed by Shelia Y. Cruthirds. (Attachments: #1 Cover letter to Clerk, #2 Envelope) (Collins, S.)
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NOTICE OF DEFICIENCY regarding #5 Notice Proposed Summons. The proposed summons submitted for issuance on defendant "Christine Wormuth, Secretary, Department of the Army" has not been completely filled out. The summons is missing plaintiff's name and address on Page One where indicated. Plaintiff shall submit a new proposed summons for that party. Plaintiff need not complete any information on Page 2 of the civil summons form. (Collins, S.) Modified on 4/27/2022 to indicate that Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina. (Collins, S.).
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Notice of Pro Se E-Noticing - Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina. All documents filed in CM-ECF will be served on this party via email pursuant to Rule 5 of the Federal Rules of Civil Procedure and Local Civil Rule 5.1. (Collins, S.)
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Filing 3
ORDER OF DEFICIENCY - Plaintiff is DIRECTED to correct the deficiencies listed above and return the corrected documents within fourteen (14) days from the filing of this order. Failure to do so may result in the dismissal of this action without prejudice for failure to prosecute. Signed by District Judge Louise Wood Flanagan on 4/15/2022. A copy of this Order was sent via US mail to Shelia Y. Cruthirds, 3509 Kennicot Road, Fayetteville, NC 28311 (Collins, S.)
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Filing 2
Notice of Self-Representation filed by Shelia Y. Cruthirds. (Rudd, D.)
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NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Shelia Y. Cruthirds. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.)
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Filing 1
MOTION for Leave to Proceed in forma pauperis, filed by Shelia Y. Cruthirds. (Attachments: #1 Proposed Complaint, #2 Exhibit 1- U.S. Equal Employment Opportunity Commission Decision dated 1/12/2022, #3 Exhibit Copy of Plaintiff's Request for Dismissal in (5:13-CV-179-BR) and a copy of correspondence dated 4/28/14, #4 Exhibit 3- A copy of an order from 5:13-CV-179-BR [DE #35], #5 Exhibit 3.2- A copy of correspondence from the Department of the Army - Fort Bragg Military Reservation dated 8/15/2013, #6 Exhibit 4- Correspondence from the Department of the Army - Fort Bragg Military Reservation dated 10/18/2013, #7 Exhibit 5- A copy of correspondence from the Department of the Navy - Tort Claims Division dated 5/10/2018, #8 Civil Cover Sheet, #9 Proposed Summons, #10 Proposed Summons on a Third Party Complaint, #11 Envelope) (Rudd, D.)
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