King v. United States Postal Service Agency et al
| Texas Northern District Court | |
| Judge: | Karen Gren Scholer |
| Referred: | Rebecca Rutherford |
| Case #: | 3:24-cv-00492 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Feb 29, 2024 |
| Terminated: | Feb 25, 2025 |
| Last checked: Tuesday Aug 27, 2024 4:22 AM CDT |
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Defendant
Maria Rosales
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Represented By
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Defendant
United States Postal Service Agency
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Represented By
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Defendant
Angelia Vence- Grisby
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Represented By
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Interested Party
United States
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Plaintiff
Diamond King
#2094 7721 Antionette ST Ste 2094
Dallas, TX 75217 |
| Docket last updated: 04/04/2025 11:59 PM CDT |
| Tuesday, April 01, 2025 | ||
| 48 | 48
notice
Notice (Other)
Tue 04/01 10:28 AM
TRANSCRIPT ORDER FORM filed by Diamond King (King, Diamond) Modified text on 4/1/2025 (agc) |
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Att: 1
Additional Page(s) Notice of No Transcripts
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| 47 | 47
respm
Response/Objection
Tue 04/01 10:21 AM
RESPONSE AND OBJECTION filed by Diamond King re:46 Findings and Recommendation. (King, Diamond) Modified text on 4/1/2025 (axm) |
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Att: 1
Exhibit(s) A
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| Monday, March 31, 2025 | ||
| 46 | 46
motion
Findings and Recommendations
Mon 03/31 3:09 PM
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The District Judge should DENY Plaintiff's motion for leave to proceed in forma pauperis on appeal (ECF No.45 ). (Ordered by Magistrate Judge Rebecca Rutherford on 3/31/2025) (kcr) |
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| Tuesday, March 25, 2025 | ||
| 45 | 45
motion
Proceed In Forma Pauperis
Tue 03/25 6:12 PM
First MOTION for Leave to Proceed in forma pauperis filed by Diamond King with Brief/Memorandum in Support. (King, Diamond) |
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| Monday, March 24, 2025 | ||
| 44 | 44
appeal
Notice of Appeal
Mon 03/24 10:28 PM
NOTICE OF APPEAL to the Fifth Circuit by Diamond King. T.O. form to appellant electronically at[LINK:Transcript Order Form] or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions[LINK:here] . (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (King, Diamond) |
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| 43 | 43
appeal
Appellants Brief
Mon 03/24 8:32 PM
Appellant's BRIEF by Diamond King. (King, Diamond) |
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| Tuesday, February 25, 2025 | ||
| 42 | 42
order
Judgment
Tue 02/25 3:19 PM
JUDGMENT: It is ORDERED that Plaintiff Diamond King's26 Complaint is DISMISSED WITH PREJUDICE under the Federal Rules of Civil Procedure 12(b)(l), 12(b)(6), and 12(b)(5). (Ordered by Judge Karen Gren Scholer on 2/25/2025) (twd) |
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| 41 | 41
1
pgs
order
Order Accepting/Adopting Findings and Recommendations
Tue 02/25 3:15 PM
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge Karen Gren Scholer on 2/25/2025) (twd) |
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| Tuesday, January 14, 2025 | ||
| 40 | 40
motion
Findings and Recommendations
Wed 01/15 9:19 AM
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The District Judge should GRANT Defendants'27 Motion to Dismiss and DISMISS King's claims with prejudice under Rules 12(b)(1), 12(b)(6), and 12(b)(5). The Court should DENY King's39 Third Motion to Amend her Complaint (ECF No. 39). (Ordered by Magistrate Judge Rebecca Rutherford on 1/14/2025) (twd) |
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| Sunday, January 12, 2025 | ||
| 39 | 39
cmp
Amended Complaint
Sun 01/12 6:16 PM
AMENDED COMPLAINT WITH JURY DEMAND complaint against All Defendants filed by Diamond King. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (King, Diamond) |
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| Tuesday, December 31, 2024 | ||
| 38 | 38
3
pgs
order
Order on Motion to Amend/Correct
Tue 12/31 1:31 PM
ORDER granting30 Second MOTION to Amend/Correct. (The requesting party must file the document with the clerk.) (Ordered by Magistrate Judge Rebecca Rutherford on 12/31/2024) (kcr) |
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| 37 | 37
order
Order on Motion for Extension of Time
Tue 12/31 12:00 PM
ELECTRONIC ORDER finding as moot15 Motion to Extend Time and31 Motion for Leave to Serve Defendant via ECF. In view of36 Plaintiff's purported return of service on Defendant Angelia Vence-Grisby. (Ordered by Magistrate Judge Rebecca Rutherford on 12/31/2024) (Magistrate Judge Rebecca Rutherford) |
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| Monday, December 09, 2024 | ||
| 36 | 36
service
Certificate of Service
Mon 12/09 6:23 PM
CERTIFICATE OF SERVICE by Diamond King (King, Diamond) |
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Att: 1
Additional Page(s)
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| Thursday, November 14, 2024 | ||
| 35 | 35
respm
Response/Objection
Thu 11/14 2:40 PM
RESPONSE filed by United States Postal Service Agency, Angelia Vence- Grisby, Maria Rosales, Louis DeJoy re:31 MOTION to Amend/Correct (Delaney-DOJ, Sarah) |
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| 34 | 34
respm
Response/Objection
Thu 11/14 2:37 PM
RESPONSE filed by United States Postal Service Agency, Angelia Vence- Grisby, Maria Rosales, Louis DeJoy re:30 Second MOTION to Amend/Correct20 MOTION to Amend/Correct complaint (Delaney-DOJ, Sarah) |
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| Sunday, November 03, 2024 | ||
| 33 | 33
respm
Response/Objection
Sun 11/03 2:51 PM
OBJECTION filed by Diamond King re:27 MOTION to Dismiss Plaintiff's First Amended Complaint (King, Diamond) |
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| Thursday, October 31, 2024 | ||
| 32 | 32
respm
Reply
Thu 10/31 2:29 PM
REPLY filed by United States Postal Service Agency, Angelia Vence- Grisby, Maria Rosales, Louis DeJoy re:27 MOTION to Dismiss Plaintiff's First Amended Complaint (Delaney-DOJ, Sarah) |
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| Thursday, October 24, 2024 | ||
| 31 | 31
motion
Amend/Correct
Thu 10/24 8:06 PM
MOTION to Amend/Correct filed by Diamond King with Brief/Memorandum in Support. (King, Diamond) |
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| 30 | 30
motion
Amend/Correct
Thu 10/24 7:53 PM
Second MOTION to Amend/Correct20 MOTION to Amend/Correct complaint filed by Diamond King with Brief/Memorandum in Support. (King, Diamond) |
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| Friday, October 18, 2024 | ||
| 29 | 29
respm
Response/Objection
Fri 10/18 3:12 PM
RESPONSE filed by Diamond King re:27 MOTION to Dismiss Plaintiff's First Amended Complaint (King, Diamond) |
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Att: 1
Proposed Order
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| Monday, September 30, 2024 | ||
| 28 | 28
order
Order
Mon 09/30 5:54 PM
ELECTRONIC ORDER: Defendants have filed a27 Rule 12 motion to dismiss Plaintiff's complaint due to lack of subject matter jurisdiction, improper service of process, and failure to state a claim upon which relief can be granted. Plaintiff must file a written response to Defendants' motion by October 18, 2024 ; Defendants may file a reply 14 days after Plaintiff files a response. N.D. Tex. L. Civ. R. 7.1(e), (f). (Ordered by Magistrate Judge Rebecca Rutherford on 9/30/2024) (chmb) |
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| Friday, September 27, 2024 | ||
| 27 | 27
motion
Dismiss
Fri 09/27 3:05 PM
MOTION to Dismiss Plaintiff's First Amended Complaint filed by Louis DeJoy, Maria Rosales, United States Postal Service Agency, Angelia Vence- Grisby with Brief/Memorandum in Support. Attorney Sarah Elizabeth Delaney-DOJ added to party Louis DeJoy(pty:dft) (Delaney-DOJ, Sarah) |
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| Monday, September 16, 2024 | ||
| 26 | 26
cmp
Amended Complaint
Mon 09/16 3:27 PM
AMENDED COMPLAINT WITH JURY DEMAND against Maria Rosales, United States Postal Service Agency, Angelia Vence- Grisby, Louis DeJoy filed by Diamond King. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (cfk) |
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| 25 | 25
1
pgs
order
Order on Motion to Dismiss Order on Motion to Amend/Correct
Mon 09/16 3:25 PM
ORDER dismissing as moot16 Motion to Dismiss. granting20 Motion to Amend/Correct. (Unless the document has already been filed, clerk to enter the document as of the date of this order.). Defendants must file an answer or other response to Plaintiff's first amended complaint no later than 9/30/2024. (Ordered by Magistrate Judge Rebecca Rutherford on 9/16/2024). (cfk) Modified text on 9/16/2024 (cfk) |
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| Tuesday, September 03, 2024 | ||
| 24 | 24
notice
Notice (Other)
Tue 09/03 10:45 AM
NOTICE of Non-Opposition re:20 MOTION to Amend/Correct filed by Maria Rosales, United States Postal Service Agency, Angelia Vence- Grisby (Delaney-DOJ, Sarah) |
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| Wednesday, August 28, 2024 | ||
| 23 | 23
service
Affidavit of Service
Wed 08/28 8:39 PM
AFFIDAVIT of Service for Proof of service served on United states attorney, Inspector General, Maria Rosales on 05/31/24,05/20/2024,06/11/2024. (King, Diamond) |
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| Tuesday, August 27, 2024 | ||
| 22 | 22
order
Judgment
Tue 08/27 3:44 PM
JUDGMENT: It is ORDERED that Plaintiff Diamond King's Combined Request for Clerk's Entry of Default and Motion for Default Judgment (ECF No.11 ) is DENIED. (Ordered by Judge Karen Gren Scholer on 8/27/2024) (cfk) |
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| 21 | 21
1
pgs
order
Order Accepting/Adopting Findings and Recommendations
Tue 08/27 3:42 PM
ORDER ACCEPTING19 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge Karen Gren Scholer on 8/27/2024) (cfk) |
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| Sunday, August 18, 2024 | ||
| 20 | 20
motion
Amend/Correct
Sun 08/18 2:47 PM
MOTION to Amend/Correct filed by Diamond King with Brief/Memorandum in Support. (King, Diamond) |
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| Friday, August 02, 2024 | ||
| 19 | 19
motion
Findings and Recommendations
Fri 08/02 10:40 AM
Findings and Recommendations on Motion re:11 Motion for Default Judgment filed by Diamond King. For the foregoing reasons, the District Judge should DENY King's Motion for Default Judgment. Any party who objects to any part of this report and recommendation must file specific written objections within 14 days after being served with a copy. (Ordered by Magistrate Judge Rebecca Rutherford on 8/2/2024) (ndt) |
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| 18 | 18
order
Order
Fri 08/02 9:49 AM
ELECTRONIC ORDER: Defendants have filed a16 Rule 12 motion to dismiss Plaintiff's complaint due to lack of proper service and failure to state a claim upon which relief can be granted. Plaintiff must a file a written response to Defendants' motion by August 19, 2024 ; Defendants may file a reply 14 days after Plaintiff files a response. N.D. Tex. L. Civ. R. 7.1(e), (f). Additionally, the Court finds good cause to delay entering a scheduling order until it issues its findings, conclusions, and recommendation on Defendants' motion to dismiss, provided a scheduling order is still necessary. Fed. R. Civ. P. 16(b)(2). (Ordered by Magistrate Judge Rebecca Rutherford on 8/2/2024) (chmb) |
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| Monday, July 29, 2024 | ||
| 17 | 17
misc
Certificate Of Interested Persons/Disclosure Statement
Mon 07/29 1:54 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Maria Rosales, United States Postal Service Agency, Angelia Vence- Grisby. (Clerk QC note: No affiliate entered in ECF). (Delaney-DOJ, Sarah) |
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| 16 | 16
motion
Dismiss
Mon 07/29 1:51 PM
MOTION to Dismiss filed by Maria Rosales, United States Postal Service Agency, Angelia Vence- Grisby with Brief/Memorandum in Support. Attorney Sarah Elizabeth Delaney-DOJ added to party Maria Rosales(pty:dft), Attorney Sarah Elizabeth Delaney-DOJ added to party United States Postal Service Agency(pty:dft), Attorney Sarah Elizabeth Delaney-DOJ added to party Angelia Vence- Grisby(pty:dft) (Delaney-DOJ, Sarah) |
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| Wednesday, June 26, 2024 | ||
| 15 | 15
motion
Extension of Time
Wed 06/26 8:44 AM
MOTION to Extend Time for time for alter/ substitute service filed by Diamond King (King, Diamond) |
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Att: 1
Affidavit(s) Affadavit of Subtitution /alter service
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| Friday, May 17, 2024 | ||
| 14 | 14
3
pgs
order
Order
Fri 05/17 4:05 PM
ORDER: Plaintiff Diamond King, proceeding pro se, filed this civil action against Defendants the United States Postal Service Agency (USPS), Angelia Vence-Grisby, and Maria Rosales, on 2/29/2024. King may not serve the Defendants herself. Accordingly, by 5/29/2024, King must (a) serve her complaint on the USPS, Angelia Vence-Grisby, and Maria Rosales and file proof of service with the Court or (b) show good cause for her failure to timely serve the Defendants. If King fails to do so, the Court may recommend that her lawsuit be dismissed without prejudice. (Ordered by Magistrate Judge Rebecca Rutherford on 5/17/2024) (ykp) |
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| Wednesday, May 08, 2024 | ||
| 13 | 13
notice
Notice (Other)
Wed 05/08 12:36 PM
NOTICE of Lack of Service of Process filed by United States (Padis-DOJ, George) |
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| Tuesday, May 07, 2024 | ||
| 12 | 12
misc
Remark
Tue 05/07 9:16 AM
The clerk declines to issue default as service does not appear to comply with the element of FRCP 4. (kcr) |
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| Monday, May 06, 2024 | ||
| 11 | 11
motion
Default Judgment
Mon 05/06 8:10 AM
First Combined Request for Clerks Entry of Default and MOTION for Default Judgment against All Defendants filed by Diamond King with Brief/Memorandum in Support. (King, Diamond) |
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| Wednesday, April 03, 2024 | ||
| 10 | 10
service
Summons Returned
Thu 04/04 2:15 PM
SUMMONS Returned Executed as to United States Postal Service Agency ; served on 3/25/2024. (ndt) |
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| 9 | 9
service
Summons Returned
Thu 04/04 2:13 PM
SUMMONS Returned Executed as to Angelia Vence- Grisby ; served on 3/25/2024. (ndt) |
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| 8 | 8
service
Summons Returned
Thu 04/04 2:12 PM
SUMMONS Returned Executed as to Maria Rosales ; served on 3/25/2024. (ndt) |
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| Wednesday, March 13, 2024 | ||
| 7 | 7
notice
Notice (Other)
Thu 03/14 4:29 PM
NOTICE of Lawsuit and Request for Waiver of Service for Summons filed by Diamond King. (cfk) |
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| Friday, March 01, 2024 | ||
| 6 | 6
misc
Court Request For Recusal
Mon 03/04 4:34 PM
Court Request for Recusal: Magistrate Judge David L. Horan recused pursuant to Special Order 3-346. Magistrate Judge Rebecca Rutherford assigned for matters that may be referred in this case. (sxf) |
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misc
Order Receipt
Fri 03/01 3:28 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Fri Mar 1 15:28:15 CST 2024 (crt) |
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| Thursday, February 29, 2024 | ||
| 5 | 5
service
Summons Issued
Fri 03/01 3:26 PM
Summons issued as to Maria Rosales, United States Postal Service Agency, Angelia Vence- Grisby. (agc) |
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| 4 | 4
misc
Certificate Of Interested Persons/Disclosure Statement
Fri 03/01 3:23 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Diamond King. (Clerk QC note: No affiliate entered in ECF). (agc) |
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| 3 | 3
cmp
Complaint
Fri 03/01 3:21 PM
COMPLAINT WITH JURY DEMAND against Maria Rosales, United States Postal Service Agency, Angelia Vence- Grisby filed by Diamond King. (Filing fee $405.00; Receipt number 300010560) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (agc) |
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| 2 | 2
notice
Notice and Instruction to Pro Se Party
Fri 03/01 3:19 PM
Notice and Instruction to Pro Se Party. (agc) |
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| 1 | 1
qcref
Scholer
Fri 03/01 3:18 PM
New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter or electronically. No prior sanctions found. (For court use only - links to the[LINK:national] and[LINK:circuit] indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (agc) |
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