SUMMERS v. PA DEPARTMENT OF HUMAN SERVICES et al
| TAMARA SUMMERS |
| NEIL KRUM, COMMUNITY UMBRELLA AGENCY, PA DEPARTMENT OF HUMAN SERVICES, JUDGE JOSEPH FERNANDES, LINDSAY GARRETT, ANTONIQUE EDWARDS, RACHAEL SINGLETON and LAKEISHA AIKINES |
| 2:2018cv03652 |
| August 27, 2018 |
| US District Court for the Eastern District of Pennsylvania |
| WENDY BEETLESTONE |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 |
| Plaintiff |
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This docket was last retrieved on October 4, 2018. A more recent docket listing may be available from PACER.
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Filing 9
ORDER THAT THE AMENDED COMPLAINT IS DISMISSED FOR THE REASONS SET FORTH IN THE COURT'S MEMORANDUM. CLAIMS THAT ARE BARRED BY ROOKER-FELDMAN, AS DISCUSSED IN THE MEMORANDUM, ARE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION. CLAIMS THAT ARE BARRED BY IMMUNITY, AS DISCUSSED IN THE MEMORANDUM, ARE DISMISSED WITH PREJUDICE. ALL REMAINING CLAIMS ARE DISMISSED WITHOUT PREJUDICE TO AMENDMENT AS SET FORTH BELOW. SUMMERS IS GIVEN LEAVE TO FILE A SECOND AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER IN THE EVENT THAT SHE CAN STATE A PLAUSIBLE CLAIM FOR RELIEF THAT CURES THE DEFECTS IDENTIFIED IN THE COURT'S MEMORANDUM. ANY INDIVIDUAL OR ENTITY THAT IS NOT LISTED IN THE CAPTION OF THE SECOND AMENDED COMPLAINT WILL NOT BE TREATED AS A DEFENDANT. ANY SECOND AMENDED COMPLAINT MUST BE A COMPLETE DOCUMENT THAT DESCRIBES IN DETAIL THE BASIS FOR SUMMERS'S CLAIMS AGAINST EACH DEFENDANT. ANY SECOND AMENDED COMPLAINT SHOULD NOT RAISE CLAIMS CHALLENGING THE STATE COURT'S JUDGMENT AND SEEKING REVIEW AND REJECTION OF THAT JUDGMENT, AND SHOULD NOT RAISE CLAIMS BARRED BY PRINCIPLES OF IMMUNITY. IF SUMMERS FILES A SECOND AMENDED COMPLAINT, THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED. THE CLERK OF COURT IS DIRECTED TO SEND SUMMERS A BLANK COPY OF THIS COURT'S CURRENT STANDARD FORM TO BE USED BY A PRO SE LITIGANT FILING A CIVIL ACTION BEARING THE ABOVECAPTIONED CIVIL ACTION NUMBER. SUMMERS MAY USE THIS FORM TO PREPARE HER SECOND AMENDED COMPLAINT. IF SUMMERS FAILS TO FILE A SECOND AMENDED COMPLAINT, HER CASE MAY BE DISMISSED FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE.. SIGNED BY HONORABLE WENDY BEETLESTONE ON 10/4/18. 10/4/18 ENTERED AND COPIES MAILED TO PRO SE WITH NEW COMPLAINT FORM. (va, )
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| Filing 8 MEMORANDUM SIGNED BY HONORABLE WENDY BEETLESTONE ON 10/4/18. 10/4/18 ENTERED AND COPIES MAILED TO PRO SE. (va, ) |
| Filing 7 AMENDED COMPLAINT against LAKEISHA AIKINES, ANTONIQUE EDWARDS, JOSEPH FERNANDES, LINDSAY GARRETT, RACHAEL SINGLETON, filed by TAMARA SUMMERS.(va, ) |
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Filing 6
ORDER THAT LEAVE TO PROCEED INFORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM, PURSUANT TO 28 U.S.C. 1915(E)(2)(B)(II), FOR THE REASONS SET FORTH IN THE COURT'S MEMORANDUM. SUMMERS IS GIVEN LEAVE TO FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER IN THE EVENT THAT SHE CAN STATE A PLAUSIBLE CLAIM FOR RELIEF THAT CURES THE DEFECTS IDENTIFIED IN THE COURT'S MEMORANDUM. ANY INDIVIDUAL OR ENTITY THAT IS NOT LISTED IN THE CAPTION OF THE AMENDED COMPLAINT WILL NOT BE TREATED AS A DEFENDANT. ANY AMENDED COMPLAINT MUST BE A COMPLETE DOCUMENT THAT DESCRIBES IN DETAIL THE BASIS FOR SUMMERS'S CLAIMS AGAINST EACH DEFENDANT. IF SUMMERS FILES AN AMENDED COMPLAINT, THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED. THE CLERK OF COURT IS DIRECTED TO SEND SUMMERS A BLANK COPY OF THIS COURT'S CURRENT STANDARD FORM TO BE USED BY A PRO SE LITIGANT FILING A CIVIL ACTION BEARING THE ABOVE-CAPTIONED CIVIL ACTION NUMBER. SUMMERS MAY USE THIS FORM TO PREPARE HER AMENDED COMPLAINT. THE MOTION FOR APPOINTMENT OF COUNSEL IS DENIED AT THIS TIME. IF SUMMERS FAILS TO FILE AN AMENDED COMPLAINT, HER CASE MAY BE DISMISSED FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE. SIGNED BY HONORABLE WENDY BEETLESTONE ON 8/30/18. 8/30/18 ENTERED AND COPIES MAILED TO PRO SE WITH NEW COMPLAINT FORM. (va, )
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| Filing 5 MEMORANDUM SIGNED BY HONORABLE WENDY BEETLESTONE ON 8/29/18. 8/30/18 ENTERED AND COPIES MAILED TO PRO SE. (va, ) |
| Filing 4 PRO SE NOTICE RE:GUIDELINES (ahf) |
| Filing 3 MOTION FOR APPOINTMENT OF COUNSEL FILED BY TAMARA SUMMERS.(ahf) |
| Filing 2 COMPLAINT against COMMUNITY UMBRELLA AGENCY, JOSEPH FERNANDES, NEIL KRUM, PA DEPARTMENT OF HUMAN SERVICES, filed by TAMARA SUMMERS. (Attachments: #1 Civil Cover Sheets)(ahf) |
| Filing 1 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS FILED BY TAMARA SUMMERS.(ahf) |
| DEMAND for Trial by Jury by TAMARA SUMMERS. (ahf) |
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