ANDERSON v. NPC INTERNATIONAL INC/ WENDY'S
| MARJORIE ANDERSON |
| NPC INTERNATIONAL INC/ WENDY'S |
| 1:2022cv00292 |
| April 13, 2022 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| CATHERINE C EAGLES |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. ยง 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 10 USMS Return Unexecuted as to NPC INTERNATIONAL INC/ WENDY'S. (Sheets, Jamie) |
| TEXT ORDER finding as moot #8 Letter Motion and denying #9 Letter Motion. In #8 Letter Motion, Plaintiff requested "extended time to get an attorney for this case." The Court has imposed no deadline for Plaintiff to find an attorney and Plaintiff currently faces no filing deadlines of any sort. Those circumstances render #8 Motion moot. In #9 Letter Motion, Plaintiff requested "an appointed lawyer for this case because [she] cannot afford an attorney." Plaintiff lacks any entitlement to appointment of counsel in this civil case, the Court lacks any funds to pay counsel to represent Plaintiff, and the record lacks any support for a finding of exceptional circumstances warranting the Court's use of its limited resources to attempt to locate counsel willing to represent Plaintiff without pay. In particular, the mere fact that Plaintiff reports an inability to afford counsel does not constitute an exceptional circumstance entitling her to court-assistance in securing counsel and the record does not make it apparent that Plaintiff lacks the capacity to present any colorable claim she may possess. As a final matter, the Court notes that Plaintiff did not timely comply with #4 Order which directed her to return a properly completed summons form by 05/05/2022. The Court nonetheless issued #6 Summons when Plaintiff belatedly returned it on 05/16/2022. Plaintiff must timely comply with all court orders going forward. Failure to do so may result in the dismissal of this case. Issued by MAG/JUDGE L. PATRICK AULD on 05/17/2022. (AULD, L.) |
| Filing 9 LETTER MOTION to Appoint Counsel by MARJORIE ANDERSON. (Carter, Alexus) (Main Document 9 replaced on 5/16/2022) (Carter, Alexus). |
| Filing 8 LETTER MOTION for Extension of Time by MARJORIE ANDERSON. (Carter, Alexus) (Main Document 8 replaced on 5/16/2022) (Carter, Alexus). |
| Filing 7 Notice of Right to Consent. USMS shall serve the attached form on all parties. (Attachments: #1 Consent Form)(Carter, Alexus) |
| Filing 6 Summons Issued as to NPC INTERNATIONAL INC/ WENDY'S. Copy of #2 Complaint, #4 ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS, #6 Summons, and 285 Form delivered to USMS for service. (Carter, Alexus) |
| Motions Referred: RE: #8 MOTION for Extension of Time and #9 MOTION to Appoint Counsel to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
| CASE REFERRED to JUDGE CATHERINE C. EAGLES (Winchester, Robin) |
| Filing 5 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES.(Winchester, Robin) |
Filing 4
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS signed by MAG/JUDGE L. PATRICK AULD on 4/20/2022; that the plaintiff in the above-entitled proceeding be, and is hereby, permitted to commence said proceeding in this Court without prepayment of fees or costs, or giving security therefor. [28 U.S.C. 1915(a)] Plaintiff is responsible for preparing and delivering to the Clerk, the correct summons for service on each defendant, including the correct address and the name and title of the individual to be served on behalf of a corporation, association, infant, incompetent or government agency. Failure to prepare and deliver said summons within 15 days from the filing of this order shall result in this case being dismissed without further notice. The U.S. Marshal shall serve the summons and complaint upon defendant. (Carter, Alexus)
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| Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (Carter, Alexus) |
| Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #1 APPLICATION to Proceed IFP. (Carter, Alexus) |
| Filing 3 CIVIL COVER SHEET. (Carter, Alexus) |
| Filing 2 COMPLAINT against NPC INTERNATIONAL INC/ WENDY'S, filed by MARJORIE ANDERSON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Carter, Alexus) |
| Filing 1 APPLICATION to Proceed IFP by MARJORIE ANDERSON. (Carter, Alexus) |
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| Defendant: NPC INTERNATIONAL INC/ WENDY'S | |
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