GEISLER v. SMALL BUSINESS ADMINISTRATION et al
| MICHAEL S. GEISLER |
| SMALL BUSINESS ADMINISTRATION and ISABELLA CASILLAS GUZMAN |
| 2:2021cv01693 |
| November 19, 2021 |
| US District Court for the Western District of Pennsylvania |
| David S Cercone |
| Christy Criswell Wiegand |
| Other Statutory Actions |
| 28 U.S.C. ยง 1391 |
| None |
Docket Report
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Filing 12
ORDER re #11 Motion for Declaratory Judgment. Plaintiff's Motion purports to seek declaratory and injunctive relief. To the extent Plaintiff seeks a "declaratory judgment," the Court construes his Motion to be a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). Because, however, the pleadings are not yet closed, Plaintiff's Motion is premature. Therefore, to the extent Plaintiff seeks judgment on the pleadings, his Motion is DENIED WITHOUT PREJUDICE. Plaintiff may renew any such motion for judgment on the pleadings after the pleadings are closed. Next, Plaintiff appears to be seeking emergency injunctive relief pursuant to Rule 65(b). See ECF No. 11 at para 36 ("Without immediate action by this Court the Plaintiff will be irreparably harmed"). Next, pursuant to Section III.C of the undersigned's Practices and Procedures (available at: https://www.pawd.uscourts.gov/sites/pawd/files/Wiegand_Interim_Practices_Oct_2020.pdf), "[c]onsistent with Rule 65, the Court will not issue a temporary restraining order: (1) when the opposing party has been served; (2) when the motion provides no certification indicating that prompt service cannot be accomplished; or (3) when the motion is unaccompanied by an affidavit or verified complaint consistent with Rule 65(b)(1)(A)." Because it appears to the Court that Plaintiff has served the Defendants, see ECF No. 10, Plaintiff's Motion is hereby DENIED, but only to the extent Plaintiff seeks relief under Rule 65(b). The Court will, instead, treat Plaintiff's request as seeking preliminary injunctive relief under Rule 65(a). Accordingly, the Court will move promptly on Plaintiff's request for preliminary injunctive relief once Defendants enter an appearance in this case. Finally, Section II.D of the undersigned's Practices and Procedures provides that, "any motion seeking a substantive legal ruling, whether dispositive or non-dispositive, must be accompanied by a supporting brief, filed contemporaneously with the motion." However, Plaintiff did not file any brief in support of his Motion. Therefore, Plaintiff shall file a brief in support of his motion for preliminary injunctive relief, in compliance with the Court's Practices and Procedures, on or before 1/28/2022. Signed by Judge Christy Criswell Wiegand on 1/14/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 11
MOTION for Declaratory Judgment by MICHAEL S. GEISLER. (Attachments: #1 Proposed Order) (Geisler, Michael)
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Filing 10
SUMMONS/Return of Service Returned Executed by MICHAEL S. GEISLER. All Defendants. (Geisler, Michael)
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Filing 9
ORDER re #1 Motion for Leave to Proceed in forma pauperis. Plaintiff MICHAEL S. GEISLER paid his filing fee in full. See ECF No. 7. Accordingly, IT IS HEREBY ORDERED that the #1 Motion for IFP is DENIED AS MOOT. Signed by Judge Christy Criswell Wiegand on 12/29/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 8
Summons Issued as to ISABELLA CASILLAS GUZMAN (Main Document), SMALL BUSINESS ADMINISTRATION (Attachments: #1 Summons issued as to Small Business Association) (jv)
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Filing 7
COMPLAINT against ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION (Filing fee, including Administrative fee, $402, receipt number 24668072758), filed by MICHAEL S. GEISLER. (Attachments: #1 Receipt) (jv)
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Filing 6
ORDER re #1 Motion to Proceed in Forma Pauperis. Plaintiff filed a short form (AO 240) application to proceed without prepayment of fees. However, the Court believes that additional information regarding Plaintiffs financial situation is necessary to determine whether Plaintiff is eligible to proceed in forma pauperis. Accordingly, on or before 12/27/2021, Plaintiff must either (1) pay the filing fee in full or (2) submit a long form application (AO 239, available at https://www.uscourts.gov/sites/default/files/ao239_1.pdf) for the Courts consideration. Signed by Judge Christy Criswell Wiegand on 12/10/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 5
ORDER REASSIGNING CASE. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 11/22/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kly)
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Judge Christy Criswell Wiegand added. (mao)
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Filing 4
Errata re #1 Motion for Leave to Proceed in forma pauperis by MICHAEL S. GEISLER. Reason for Correction: proposed summons. (Attachments: #1 Summons as to Small Business Administration) (jv)
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Filing 2
EXHIBITS in Support of #1 Motion for Leave to Proceed in forma pauperis by MICHAEL S. GEISLER. (Geisler, Michael)
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Filing 1
MOTION for Leave to Proceed in forma pauperis by MICHAEL S. GEISLER. (Attachments: #1 Complaint to be lodged pending the disposition of Motion to proceed Inform paupris, #2 Civil Cover Sheet) (jv)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re 3 Supplement. ERROR: Incorrectly filed signed summons. CORRECTION: Document removed from public view since the summons were accidently signed as issued. Summons cannot be issued until disposition of Motion to proceed Indorma Paupris. (jv)
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