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Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision | California Northern
Order ~Util - Terminate Motions ~Util - Set Deadlines/Hearings
ORDER. Pro se plaintiff Grigsby's complaint, Dkt. No. 1, is dismissed with leave to amend. The complaint in its present form fails to provide defendants with the notice required under Federal Rule of Civil Procedure 8. See Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 565 n.10 (2007). Among other shortcomings, the complaint makes reference to Exhibits A (honorable discharge document), B (denial of pro hac vice application), C (plaintiff's administrative appeal to Department of Defense), and D (DoD's denial of administrative appeal), but does not actually attach those documents. See Dkt. No. 1. This makes it difficult to understand the exact nature of plaintiff's claims. Plaintiff is directed to file an amended complaint by October 22, 2026, that attaches any documents that are referenced as exhibits to the complaint. The amended complaint should also clarify the exact military record(s) plaintiff is seeking to have corrected, the corrections that are sought, and the reasons for the corrections. Within 30 days after the filing of plaintiff's amended complaint, the parties are directed to hold an in-person meeting to discuss an informal resolution. The parties may, if they wish, agree instead to a mediation through the Court's ADR Unit. A status conference is set for January 7, 2027, at 11:00 a.m. in Courtroom 11, and defendants need not respond to the amended complaint pending further order. The motion to dismiss, Dkt. No. 19, is terminated without prejudice to renewal in response to the amended complaint, as warranted. Signed by Judge James Donato on 9/24/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) (Filed on 9/24/2026)
Freedom of Information Act | Ohio Southern
Affidavit of Service
AFFIDAVIT of Service for All Defendants on September 18, 2024, filed by Plaintiff Patrick Dean Cummins. (Cummins, Patrick)
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