Flinders v. State of Utah
Plaintiff: Ivy Flinders
Defendant: State of Utah
Case Number: 2:2023cv00839
Filed: November 15, 2023
Court: US District Court for the District of Utah
Presiding Judge: Howard C Nielson
Referring Judge: Dustin B Pead
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 12, 2023 Opinion or Order Filing 7 REPORT AND RECOMMENDATION: The court RECOMMENDS that the District Court DENY #1 Plaintiff's Motion for Leave to Proceed IFP. If the District Court adopts this recommendation, the undersigned FURTHER RECOMMENDS that if Plaintiff wishes to proceed with this action then Plaintiff be ORDERED to pay the filing and administrative fees to the Clerk of Court within fourteen (14) days of the District Court's adoption of the undersigned's recommendation. Failure to do so will result in dismissal of the action without prejudice.Copies of this Report and Recommendation are being sent to all parties, who are hereby notified of the right to object. The parties must file any objection to the Report and Recommendation within fourteen (14) days after being served with a copy of it. Failure to object may constitute waiver of objections upon subsequent review. Signed by Magistrate Judge Dustin B. Pead on 12/12/23. (dle)
December 8, 2023 Filing 6 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge Howard C. Nielson, Jr and Magistrate Judge Dustin B. Pead is automatically referred under 28 U.S.C. 636(b)(1)(B). Magistrate Judge Dustin B. Pead no longer assigned as the presiding judge to the case. (mh)
November 16, 2023 Opinion or Order Filing 4 DOCKET TEXT ORDER. On November 15, 2023, Plaintiff Ivy Flinders filed a Motion for Leave to Proceed In Forma Pauperis. (ECF No. 1, Motion for Leave). In support of her Motion, Flinders attached an "Application To Proceed Without Prepaying Fees Or Costs" that appears to be from 2010. (Id). The 2010 Application, however, has been supplanted by this District's current in forma pauperis Application located on the District of Utah court website at: https://www.utd.uscourts.gov/usdc-forms. Accordingly, Plaintiff is directed no later than November 30, 2023, to refile her Motion utilizing the current "Motion To Proceed In Forma Pauperis (NonIncarcerated Party) Application" form located on the District Court's website. Consistent therewith, Plaintiff's Motion for Leave #1 is hereby DENIED without prejudice. Signed by Magistrate Judge Dustin B. Pead on 11/16/2023. No attached document. (amn)
November 15, 2023 Filing 3 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Plaintiff Ivy Flinders. Form due by 12/6/2023. (mh)
November 15, 2023 Filing 2 DOCUMENTS LODGED consisting of Complaint and exhibit. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Exhibit 1 Brief)(haa)
November 15, 2023 Filing 1 **SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis. Assigned to Magistrate Judge Dustin B. Pead for review, case file forwarded to Magistrate Judge. (Received by the court on: 11/15/2023) filed by Plaintiff Ivy Flinders. (haa)

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Plaintiff: Ivy Flinders
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Defendant: State of Utah
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