MILLER-BELL v. HALL et al
| Pennsylvania Western District Court | |
| Judge: | Robert J Colville |
| Case #: | 2:23-cv-00924 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jun 01, 2023 |
| Terminated: | Dec 10, 2024 |
| Last checked: Wednesday Nov 29, 2023 6:53 AM EST |
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Defendant
JANE DOE #3
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Defendant
LUCILE PRATER-HOLIDAY
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Defendant
JEFF O'BRIAN
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Defendant
NATE MILLER
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Defendant
MICHAEL GESTRICH
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Defendant
JOHN DOE #5
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Defendant
JOHN DOE #4
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Defendant
JANE DOE #4
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Defendant
JOHN DOE #3
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Defendant
JOHN DOE #2
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Defendant
JANE DOE #2
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Defendant
JOHN DOE #1
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Defendant
JANE DOE #1
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Defendant
SHAWNA WILSON
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Defendant
SARA HALL
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Plaintiff
CHERYL ANN MILLER-BELL
2926 MERWYN AVENUE
PITTSBURGH, PA 15204 |
GPO
Aug 09 2023
MEMORANDUM OPINION: As discussed in the opinion, the Court will: (1) grant Ms. Miller-Bells motions to proceed in forma pauperis 1, 3, 5; (2) dismiss Ms. Miller-Bells claims without prejudiceexcept for her claims under various criminal statutes which are dismissed with prejudicefor failure to state a cognizable legal claim; and (3) dismiss the pending motions for a temporary restraining order and for a hearing as moot 4 and 6. The Court will grant Ms. Miller-Bell leave to amend her complaint within thirty days of the date it issues its order dismissing her complaint. Details more fully stated in the opinion. An appropriate order of court follows. Signed by Judge Robert J. Colville on 8/9/23. (cjo) |
| Docket last updated: 01/29/2025 11:59 PM EST |
| Wednesday, January 22, 2025 | ||
| 31 | 31
appeal
USCA Notice of Docketing (Case Number & Case Manager Assigned)
Wed 01/22 11:51 AM
USCA Case Number 25-1072 for30 Notice of Appeal, filed by CHERYL ANN MILLER-BELL. USCA Case Manager Alicia (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (gch3) |
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| Friday, January 10, 2025 | ||
| 30 | 30
appeal
Notice of Appeal (Credit Card Required)
Tue 01/14 9:34 AM
NOTICE OF APPEAL as to29 Rule 58 Judgment,28 Order by CHERYL ANN MILLER-BELL. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (kss) |
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| Tuesday, December 10, 2024 | ||
| 29 | 29
order
Judgment (Rule 58)
Tue 12/10 2:12 PM
JUDGMENT pursuant to Rule 58 entered in favor of Defendants and against Plaintiff Signed by Judge Robert J. Colville on 12/10/24. (cjo) |
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| 28 | 28
5
pgs
order
Order
Tue 12/10 2:11 PM
Memorandum ORDER dismissing case with prejudice for failure to prosecute. Signed by Judge Robert J. Colville on 12/10/24. (cjo) |
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order
Order
Tue 12/10 2:00 PM
Memorandum ORDER dismissing case with prejudice for failure to prosecute. Signed by Judge Robert J. Colville on 12/10/24. (cjo) Docketed at28 with Order attached. Modified text on 12/10/2024. (kss) |
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| Monday, November 04, 2024 | ||
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order
Order ~Util - Terminate Motions ~Util - Set Deadlines
Mon 11/04 5:21 PM
ORDER: Upon consideration of Plaintiffs Motion for Temporary Stay24 and the Supplement25 to that Motion, the Court notes that Plaintiff has previously been granted three extensions of her deadline to file an amended complaint following the Courts dismissal of her original complaint without prejudice. The Motion for Temporary Stay sought an extension until June 8, 2024 to file an amended complaint. No amended complaint has been filed. In an abundance of caution, the Court hereby provides a final extension of 30 days for Plaintiff to file an amended complaint. Any amended complaint shall be filed by December 4, 2024. Absent truly extraordinary circumstances, and given Plaintiffs delays in this action, the Court is not inclined to provide any further extensions. Failure to comply with this Order will result in dismissal of this case for failure to prosecute under Federal Rule of Civil Procedure 41(b). Signed by Judge Robert J. Colville on 11/4/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo) |
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| Thursday, March 28, 2024 | ||
| 25 | 25
misc
Supplement
Thu 03/28 3:25 PM
SUPPLEMENT by CHERYL ANN MILLER-BELL to24 Motion for Temoporary Stay of Proceedings. (kss) |
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Att: 1
Exhibit
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| Tuesday, March 19, 2024 | ||
| 24 | 24
motion
Stay
Wed 03/20 11:58 AM
MOTION for Temoporary Stay of Proceedings by CHERYL ANN MILLER-BELL. (kss) |
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Att: 1
Exhibit
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| Monday, February 12, 2024 | ||
| 23 | 23
order
Order ~Util - Terminate Motions ~Util - Set Deadlines
Mon 02/12 1:08 PM
Order: Upon consideration of the Motion to Stay21 , which the Court construes as a request for an extension of time to file an amended complaint, filed by Plaintiff in this matter, it is hereby ordered that the motion is granted. Plaintiff shall file her amended complaint by March 13, 2024. It is further ordered that the Motion filed by Plaintiff at10 is dismissed as moot. Signed by Judge Robert J. Colville on 2/12/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo) |
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| Friday, February 09, 2024 | ||
| 22 | 22
misc
Response to Order to Show Cause
Fri 02/09 3:52 PM
RESPONSE TO ORDER TO SHOW CAUSE re19 Order to Show Cause filed by CHERYL ANN MILLER-BELL. (kss) |
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Att: 1
Proof of Service,
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Att: 2
Statement Regarding 12/29/2023,
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Att: 3
Statement 2 Regarding 12/29/2023
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motion
Stay
Fri 02/09 3:48 PM
MOTION to Stay Proceedings by CHERYL ANN MILLER-BELL. (kss) |
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| Friday, February 02, 2024 | ||
| 20 | 20
misc
Response to Order to Show Cause
Mon 02/05 2:47 PM
RESPONSE TO ORDER TO SHOW CAUSE re19 Order to Show Cause filed by CHERYL ANN MILLER-BELL. (kss) |
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| Thursday, January 18, 2024 | ||
| 19 | 19
2
pgs
order
Order to Show Cause
Thu 01/18 12:43 PM
ORDER TO SHOW CAUSE: Show Cause Response due by 2/1/2024. Signed by Judge Robert J. Colville on 1/18/2024. (jel) |
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| Monday, November 27, 2023 | ||
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order
Order on Motion for Extension of Time to File
Mon 11/27 1:20 PM
ORDER granting17 MOTION for Extension of Time to File an Amended Complaint by CHERYL ANN MILLER-BELL. Amended Complaint due by 1/5/2024. Signed by Judge Robert J. Colville on 11/27/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo) |
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| Friday, November 17, 2023 | ||
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motion
Extension of Time to File Document
Fri 11/17 1:20 PM
MOTION for Extension of Time to File an Amended Complaint by CHERYL ANN MILLER-BELL. (kss) |
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Att: 1
Exhibit
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| Monday, September 11, 2023 | ||
| 16 | 16
order
Order on Motion for Extension of Time to File
Mon 09/11 4:39 PM
ORDER: The Motion for Extension of Time to File an Amended Complaint at15 is granted only to the extent that Plaintiff shall have until 11/10/23 to file an amended complaint. Signed by Judge Robert J. Colville on 9/11/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo) |
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| Wednesday, September 06, 2023 | ||
| 15 | 15
motion
Extension of Time to File Document
Wed 09/06 4:12 PM
MOTION for Extension of Time to File an Amended Complaint by CHERYL ANN MILLER-BELL. (kss) |
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| Thursday, August 10, 2023 | ||
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respm
Brief / Memorandum of Law in Support - Other
Thu 08/10 3:14 PM
BRIEF in Support of13 Complaint, filed by CHERYL ANN MILLER-BELL. (kss) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9,
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Att: 10
Exhibit 10,
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Att: 11
Exhibit 11,
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Att: 12
Exhibit 12,
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Att: 13
Exhibit 13,
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Att: 14
Exhibit 14,
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Att: 15
Exhibit 15,
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Att: 16
Exhibit 16,
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Att: 17
Exhibit 18,
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Att: 18
Exhibit 19,
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Att: 19
Exhibit 21,
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Att: 20
Exhibit 22,
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Att: 21
Exhibit 23,
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Att: 22
Exhibit 24
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cmp
Complaint (for Clerk of Court personnel only)
Thu 08/10 3:08 PM
COMPLAINT against JANE DOE #1, JOHN DOE #1, JANE DOE #2, JOHN DOE #2, JANE DOE #3, JOHN DOE #3, JANE DOE #4, JOHN DOE #4, JOHN DOE #5, MICHAEL GESTRICH, SARA HALL, NATE MILLER, JEFF O'BRIAN, LUCILE PRATER-HOLIDAY, SHAWNA WILSON, filed by CHERYL ANN MILLER-BELL. (kss) |
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Att: 1
Cheryl Ann Miller-Bell Statement,
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Att: 2
Robert Bell Statement
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| Wednesday, August 09, 2023 | ||
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2
pgs
order
Order ~Util - Terminate Motions ~Util - Set Deadlines
Thu 08/10 10:01 AM
ORDER: Plaintiff Cheryl Ann Miller-Bells motions to proceed in forma pauperis (ECF Nos. 1, 3, and 5) are GRANTED. Ms. Miller-Bells claims under 42 U.S.C. §§ 1981 and 1983, the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and the Racketeering in Corrupt Organizations Act, 18 U.S.C. § 1961 et seq., are DISMISSED without prejudice for failure to state a cognizable legal claim. Ms. Miller-Bells claims under 18 U.S.C. §§ 241, 242, and 371 are DISMISSED with prejudice for failure to state a cognizable legal claim. Ms. Miller-Bells pending motion for a temporary restraining order6 and motion for a hearing on the motion for a temporary restraining order4 are DISMISSED as moot.Ms. Miller-Bell may file an amended complaint addressing the deficiencies in the claims dismissed without prejudice identified in the Courts Memorandum Opinion by 9/11/2023. Signed by Judge Robert J. Colville on 8/9/23. (cjo) |
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14
pgs
order
Memorandum Opinion
Thu 08/10 9:55 AM
MEMORANDUM OPINION: As discussed in the opinion, the Court will: (1) grant Ms. Miller-Bells motions to proceed in forma pauperis1 ,3 ,5 ; (2) dismiss Ms. Miller-Bells claims without prejudiceexcept for her claims under various criminal statutes which are dismissed with prejudicefor failure to state a cognizable legal claim; and (3) dismiss the pending motions for a temporary restraining order and for a hearing as moot4 and6 . The Court will grant Ms. Miller-Bell leave to amend her complaint within thirty days of the date it issues its order dismissing her complaint. Details more fully stated in the opinion. An appropriate order of court follows. Signed by Judge Robert J. Colville on 8/9/23. (cjo) |
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| Monday, July 10, 2023 | ||
| 10 | 10
motion
Correct Miscellaneous Relief (Use ONLY if no other relief applies)
Tue 07/11 11:51 AM
MOTION to Supplement, MOTION to Correct Court Supplied Civil Rights Complaint by CHERYL ANN MILLER-BELL. (kss) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3
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| Wednesday, June 21, 2023 | ||
| 9 | 9
order
Order on Motion to Extend Time
Wed 06/21 9:54 AM
ORDER granting8 Motion to Extend Time for Response to Order to Show Cause. Plaintiff shall respond to the Court's Order to Show Cause by 7/7/2023. Signed by Judge Robert J. Colville on 6/21/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jel) |
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| Tuesday, June 20, 2023 | ||
| 8 | 8
motion
Extend Time
Wed 06/21 8:27 AM
MOTION to Extend Time to Comply with 7 Order to Show Cause by CHERYL ANN MILLER-BELL. (kss) |
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| Wednesday, June 14, 2023 | ||
| 7 | 7
order
Order to Show Cause
Wed 06/14 3:40 PM
ORDER TO SHOW CAUSE: Plaintiff having failed to articulate the basis for federal question jurisdiction under 28 U.S.C. § 1331 in her Complaint, attached to her motion to proceed in forma pauperis, and it appearing from the face of the Complaint that the Court lacks diversity of citizenship jurisdiction under 28 U.S.C. § 1332 because all named parties are citizens of Pennsylvania, Plaintiff is hereby directed to show cause, by 6/21/2023, why this matter should not be dismissed for lack of subject matter jurisdiction. Signed by Judge Robert J. Colville on 6/14/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jel) |
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| 6 | 6
motion
Temporary Restraining Order
Wed 06/14 2:06 PM
MOTION for Temporary Restraining Order by CHERYL ANN MILLER-BELL. (kss) |
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| 5 | 5
motion
Proceed In Forma Pauperis
Wed 06/14 2:05 PM
MOTION for Leave to Proceed in forma pauperis by CHERYL ANN MILLER-BELL. (kss) |
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| Monday, June 12, 2023 | ||
| 4 | 4
motion
Hearing Temporary Restraining Order
Tue 06/13 2:48 PM
MOTION for Hearing, MOTION for Temporary Restraining Order by CHERYL ANN MILLER-BELL. (kss) |
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| 3 | 3
motion
Proceed In Forma Pauperis
Tue 06/13 2:46 PM
MOTION for Leave to Proceed in forma pauperis by CHERYL ANN MILLER-BELL. (kss) |
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Att: 1
Statement in Support of IFP Motion,
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Att: 2
Amended Complaint lodged pending disposition of IFP Motion,
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Att: 3
Cheryl Ann Miller-Bell Statement,
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Att: 4
Robert Bell Statement,
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Att: 5
Brief in Support,
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Att: 6
Exhibit 1,
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Att: 7
Exhibit 2,
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Att: 8
Exhibit 3,
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Att: 9
Exhibit 4,
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Att: 10
Exhibit 5,
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Att: 11
Exhibit 6,
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Att: 12
Exhibit 7,
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Att: 13
Exhibit 8,
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Att: 14
Exhibit 9,
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Att: 15
Exhibit 10,
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Att: 16
Exhibit 11,
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Att: 17
Exhibit 12,
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Att: 18
Exhibit 13,
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Att: 19
Exhibit 14,
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Att: 20
Exhibit 15,
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Att: 21
Exhibit 16,
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Att: 22
Exhibit 18,
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Att: 23
Exhibit 19,
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Att: 24
Exhibit 21,
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Att: 25
Exhibit 22,
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Att: 26
Exhibit 23,
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Att: 27
Exhibit 24
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| Friday, June 09, 2023 | ||
| 2 | 2
misc
Stipulation
Mon 06/12 9:27 AM
STIPULATION by CHERYL ANN MILLER-BELL. (kss) |
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Att: 1
Exhibit
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| Thursday, June 01, 2023 | ||
| 1 | 1
motion
Proceed In Forma Pauperis
Fri 06/02 9:38 AM
MOTION for Leave to Proceed in forma pauperis by CHERYL ANN MILLER-BELL. (kss) |
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Att: 1
Complaint lodged pending disposition of IFP Motion,
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Att: 2
Exhibit 1,
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Att: 3
Civil Cover Sheet
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