Whorton v. Cognitians, LLC et al
| Victoria A Whorton |
| Cognitians, LLC, City of Dayton and Dayton Municipal Court |
| 3:2018cv00307 |
| September 11, 2018 |
| US District Court for the Southern District of Ohio |
| Michael J Newman |
| Walter H Rice |
| Other Statutory Actions |
| 15 U.S.C. ยง 0045 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 13 Summons Issued as to Cognitians, LLC, Dayton Municipal Court. (pb) |
| Filing 12 AMENDED COMPLAINT against Cognitians, LLC, Dayton Municipal Court, filed by Victoria A Whorton. (pb) |
| Filing 11 Summons Returned Unexecuted as to Cognitians, LLC. (pb) |
| Filing 10 SUMMONS Returned Executed as to Defendant City of Dayton. City of Dayton served on 9/25/2018, answer due 10/16/2018. (pb) |
NOTATION ORDER sustaining #9 Motion to Amend/Correct Complaint by Plaintiff Victoria A. Whorton.. Signed by Judge Walter H. Rice on 10/16/2018. (tp)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 9 MOTION to Amend/Correct Complaint by Plaintiff Victoria A Whorton. (Attachments: #1 Amended Complaint, #2 Summons Form and USM 285 Form) (pb) |
| Filing 8 RESPONSE in Opposition re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Victoria A Whorton. (pb) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant City of Dayton. (Musto, John) |
| Filing 6 Summons Issued as to City of Dayton, Cognitians, LLC. (kma) |
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Filing 5
ORDER - Now before the Court is Plaintiffs application to proceed in forma pauperis (doc. #1 ), which the Court previously granted by Notation Order on September 17, 2018 (doc. 3 ). Pursuant to 28 U.S.C. 1915, the Court may dismiss a complaint upon finding (1) the claims are frivolous or malicious; (2) it fails to state a claim upon which relief may be granted; or (3) it seeks monetary relief from a defendant who is immune from such relief. It is appropriate for the Court to conduct this review sua sponte prior to issuance of process so as to spare prospective defendants the inconvenience and expense of answering such complaints. Neitzke v. Williams, 490 U.S. 319, 324 (1989). Having conducted this initial review, the Court finds that dismissal under 28 U.S.C. 1915 is not warranted at this early stage of the litigation.Upon the receipt of the required forms necessary to effectuate service of process, the U.S. Marshal is ORDERED to serve Defendants. The Court NOTIFIES pro se Plaintiff of her duty to complete service of process on each Defendant within 90 days from the date of this Order, and that failure to do so may result in the dismissal of this case without prejudice. See Fed. R. Civ. P. 4(m). Signed by Magistrate Judge Michael J. Newman on 9/24/18. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 4 COMPLAINT with JURY DEMAND against City of Dayton, Cognitians, LLC, filed by Victoria A Whorton. (Attachments: #1 attachment 1, #2 attachment 2, #3 attachment 3, #4 attachment 4) (kma) |
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Filing 3
NOTATION ORDER: For good cause shown, pro se Plaintiff's motion for leave to proceed in forma pauperis ("IFP") (doc. 1 ) is GRANTED. The Clerk and United States Marshal are ORDERED to hold service pending further Order of the Court following an initial review required by 28 U.S.C. 1915. IT IS SO ORDERED.Signed by Magistrate Judge Michael J. Newman on 9/17/2018. (dm)
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| Filing 2 NOTICE by Plaintiff Victoria A Whorton re #1 MOTION for Leave to Proceed in forma pauperis (The Office of the Clerk is in possession of all necessary service documents) (srb) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis (The Office of the Clerk is in possession of all necessary service documents) by Plaintiff Victoria A Whorton. (Attachments: #1 Summons and US Marshal Forms, #2 Complaint, #3 Attachment 1 to Complaint, #4 Attachment 2 to Complaint, #5 Attachment 3 to Complaint, #6 Attachment 4 to Complaint, #7 Civil Cover Sheet) (kma) |
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