Nothing Special   »   [go: up one dir, main page]
Scribd Logo
Upload

Welcome to Scribd!

  • 39 views

    Brammell v. Springer - Document No. 3

    Uploaded by

    Justia.com
    MEMORANDUM OPINION & ORDER 1) The Ashland Clerk is directed to issue summons for dft 2) pla shall be responsible for proper service of the summons and the complaint/petition under the FRCP paying particular attn to all applicable provisions of FRCP 4 3) pla keep clerk informed of mailing address; failure to notify clerk of any change may result in dismissal of case 4) for every further pldg or document he wishes for consideration pla shall serve upon ea dft or counsel a copy of pldg or document; pla shall send original papers to be filed w/clerk w/certificate of service stating the date a true and correct copy of document was mailed to each dft or counsel; if judge or mag. judge receives any document which has not been filed with clerk or which has been filed but fails to include a certificate of service of copies the document will be disregarded by court. Signed by Judge Henry R. Wilhoit Jr.. (SMT)cc: COR 0:2007cv00018 Kentucky Eastern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd

    Brammell v. Springer - Document No. 3

    Uploaded by

    Justia.com
    39 views3 pages
    MEMORANDUM OPINION & ORDER 1) The Ashland Clerk is directed to issue summons for dft 2) pla shall be responsible for proper service of the summons and the complaint/petition under the FRCP paying particular attn to all applicable provisions of FRCP 4 3) pla keep clerk informed of mailing address; failure to notify clerk of any change may result in dismissal of case 4) for every further pldg or document he wishes for consideration pla shall serve upon ea dft or counsel a copy of pldg or document; pla shall send original papers to be filed w/clerk w/certificate of service stating the date a true and correct copy of document was mailed to each dft or counsel; if judge or mag. judge receives any document which has not been filed with clerk or which has been filed but fails to include a certificate of service of copies the document will be disregarded by court. Signed by Judge Henry R. Wilhoit Jr.. (SMT)cc: COR 0:2007cv00018 Kentucky Eastern District Court

    Copyright

    © Public Domain

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    MEMORANDUM OPINION & ORDER 1) The Ashland Clerk is directed to issue summons for dft 2) pla shall be responsible for proper service of the summons and the complaint/petition under the FRCP paying particular attn to all applicable provisions of FRCP 4 3) pla keep clerk informed of mailing address; failure to notify clerk of any change may result in dismissal of case 4) for every further pldg or document he wishes for consideration pla shall serve upon ea dft or counsel a copy of pldg or document; pla shall send original papers to be filed w/clerk w/certificate of service stating the date a true and correct copy of document was mailed to each dft or counsel; if judge or mag. judge receives any document which has not been filed with clerk or which has been filed but fails to include a certificate of service of copies the document will be disregarded by court. Signed by Judge Henry R. Wilhoit Jr.. (SMT)cc: COR 0:2007cv00018 Kentucky Eastern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    39 views3 pages

    Brammell v. Springer - Document No. 3

    Uploaded by

    Justia.com
    MEMORANDUM OPINION & ORDER 1) The Ashland Clerk is directed to issue summons for dft 2) pla shall be responsible for proper service of the summons and the complaint/petition under the FRCP paying particular attn to all applicable provisions of FRCP 4 3) pla keep clerk informed of mailing address; failure to notify clerk of any change may result in dismissal of case 4) for every further pldg or document he wishes for consideration pla shall serve upon ea dft or counsel a copy of pldg or document; pla shall send original papers to be filed w/clerk w/certificate of service stating the date a true and correct copy of document was mailed to each dft or counsel; if judge or mag. judge receives any document which has not been filed with clerk or which has been filed but fails to include a certificate of service of copies the document will be disregarded by court. Signed by Judge Henry R. Wilhoit Jr.. (SMT)cc: COR 0:2007cv00018 Kentucky Eastern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    Brammell v. Springer Doc.

    3
    Case 0:07-cv-00018-HRW Document 3 Filed 02/27/2007 Page 1 of 3

    NOT FOR PUBLICATION OR CITATION

    UNITED STATES DISTRICT COURT


    EASTERN DISTRICT OF KENTUCKY
    NORTHERN DIVISION at ASHLAND

    CIVIL ACTION NO. 07-CV-18-HRW

    GEORGE M. BRAMMELL PLAINTIFF

    VS: MEMORANDUM OPINION AND ORDER

    LINDA M. SPRINGER, DIRECTOR,


    UNITED STATES OFFICE OF PERSONNEL MANAGEMENT DEFENDANT

    The pro se plaintiff, George M. Brammell, lists his address as 477 Falls Branch, Grayson,

    Kentucky, 41147. Plaintiff has filed a four-page typewritten “petition for Writ of mandamus” to

    which he has attached several documents. Plaintiff alleges that he was denied the proper

    employment classification for a specific period of time during his employment by the Department

    for Veteran Affairs (“DVA”). Plaintiff has paid the $350.00 filing fee.

    This matter is before the Court for initial screening under the authority of Apple v. Glenn,

    183 F.3d 477, 479 (6th Cir. 1999). Apple v. Glenn permits a district court to conduct a limited

    screening procedure and to dismiss, sua sponte, a fee-paid complaint filed by a non-prisoner if it

    appears the allegations are “totally implausible, attenuated, unsubstantial, frivolous, devoid of merit,

    or no longer open to discussion.” Id. at 479 (citing Hagans v. Lavine, 415 U.S. 528, 536-37 (1974)).

    DEFENDANT

    The plaintiff has named Linda Springer as the defendant in this action. He identifies

    Springer as the Director of the United States Office of Personnel Management (“OPM”).

    CLAIMS

    Dockets.Justia.com
    Case 0:07-cv-00018-HRW Document 3 Filed 02/27/2007 Page 2 of 3

    The plaintiff states that he retired from the DVA on January 3, 2007. He claims, however,

    that for the period of time between November 17, 2002, and January 3, 2007, he should have been

    classified as a Grade 14 employee of the DVA. The plaintiff complains that during this period of

    time the DVA continued to classify him only as a Grade 13 employee.

    RELIEF REQUESTED

    The plaintiff seeks an Order of Mandamus from this Court, directing the defendant to correct

    his classification status after-the-fact. To the extent that the plaintiff may be arguing that he should

    be retroactively awarded a higher pay grade or pay classification, the plaintiff may be asserting a

    potential demand for monetary compensation.

    DISCUSSION

    Based on the attachments to the “Petition for Mandamus,” the plaintiff’s claims may be time-

    barred or subject to other condition precedents necessary to advance claims against the OPM.

    Further development of these issues is required. The Court will require the defendant to answer the

    petition/complaint.

    CONCLUSION

    Accordingly, IT IS ORDERED as follows:

    (1) The Ashland Clerk is directed to issue summons for Linda Springer, Director of

    the United States Office of Personnel Management.

    (2) The plaintiff shall be responsible for proper service of the summons and

    2
    Case 0:07-cv-00018-HRW Document 3 Filed 02/27/2007 Page 3 of 3

    the complaint/petition under the Federal Rules of Civil Procedure, paying particular attention to all

    applicable provisions of Fed.R.Civ.P. 4.

    (3) The plaintiff shall keep the Clerk of the Court informed of his current mailing

    address. Failure to notify the Clerk of any address change may result in a dismissal of this

    case.

    (4) For every further pleading or other document he wishes to submit for

    consideration by the Court, the plaintiff shall serve upon each defendant, or, if appearance has been

    entered by counsel, upon each attorney, a copy of the pleading or other document. The plaintiff

    shall send the original papers to be filed with the Clerk of the Court together with a certificate

    stating the date a true and correct copy of the document was mailed to each defendant or counsel.

    If a District Judge or Magistrate Judge receives any document which has not been filed with

    the Clerk or which has been filed but fails to include the certificate of service of copies, the

    document will be disregarded by the Court.

    This February 27, 2007.

    You might also like