Plaunt v. Perry County Children and Youth Services et al
| Dominique Plaunt |
| Perry County Children and Youth Services and John Smith |
| 1:2024cv00137 |
| January 24, 2024 |
| US District Court for the Middle District of Pennsylvania |
| William I Arbuckle |
| Christopher C Conner |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
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This docket was last retrieved on February 22, 2024. A more recent docket listing may be available from PACER.
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Filing 7
ORDER - it is hereby ORDERED that Magistrate Judge Arbuckle's report (Doc. 5) is ADOPTED. Plaunt's petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241 and claim under the Privacy Act of 1974 are DISMISSED with prejudice for lack of subject-matter jurisdiction. Plaunt's remaining constitutional claims are DISMISSED as duplicative and without prejudice to her right to pursue those claims in the companion case of Plaunt v. Perry County Children & Youth Services, No. 1:24-CV-136. Any appeal from this order is deemed to be frivolous and not taken in good faith. See 28 U.S.C. 1915(a)(3). The Clerk of Court shall CLOSE this case. Signed by Honorable Christopher C. Conner on 2/22/2024 (mw)
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| Filing 6 OBJECTION to #5 Report and Recommendations filed Dominique Plaunt. (ibr) |
| Filing 5 REPORT AND RECOMMENDATIONS re #1 Complaint, filed by Dominique Plaunt - it is RECOMMENDED that: (1) Petitioner's habeas claims be DISMISSED pursuant to Rule 4 of the Rules Governing Section 2254 cases. (2) Petitioner's Privacy Act claim be DISMISSED without leave to amend pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). (3) Petitioner's remaining constitutional claims be DISMISSED without leave to amend pursuant to 28 U.S.C. 1915(e)(2)(B)(ii), but without prejudice to pursue those claims in her other pending civil action, Plaunt v. Perry County Children and Youth Services, No. 1:24-CV- 00136-WIA (M.D. Pa. Jan. 24, 2024). (4) The Clerk of Court be DIRECTED to CLOSE this case. Objections to R&R due by 2/21/2024. Signed by Magistrate Judge William I. Arbuckle on 2/2/2024. (caw) |
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Filing 4
ORDER - IT IS HEREBY ORDERED THAT: (1) Plaintiff's Motion for Leave to Proceed In Forma Pauperis #2 is GRANTED. (2) The Complaint (Doc. 1) is DEEMED filed. (3) Pursuant to 28 U.S.C. 1915(e)(2), the Court shall conduct a preliminary review of the plaintiff's complaint. Signed by Magistrate Judge William I. Arbuckle on 2/2/2024. (caw)
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| VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Christopher C. Conner and referred to Magistrate Judge William I. Arbuckle for the filing of a Report and Recommendation. (jkc) |
| Filing 3 PRO SE LETTER ISSUED providing the case number. (Attachments: #1 Excerpts of Local and Federal Rules) (ea) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Dominique Plaunt. (ea) |
| Filing 1 COMPLAINT against Perry County Children and Youth Services, John Smith lodged pending the disposition of the Motion for In Forma Pauperis, filed by Dominique Plaunt. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Letter from Plaintiff to Perry County Children and Youth Services, #3 Exhibit B - Letter from Plaintiff to Perry County Children and Youth Services) (ea) |
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