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Clemons v. Kanios

United States District Court, E.D. Michigan, Southern Division

March 19, 2018

RICHARD CLEMONS, Plaintiff,
v.
CHRIS GUS KANIOS, Defendant.

          SEAN F. COX DISTRICT JUDGE

          REPORT AND RECOMMENDTION TO DISMISS PLAINTIFF'S COMPLAINT (DE 1)

          ANTHONY P. PATTI UNITED STATES MAGISTRATE JUDGE

         I. RECOMMENDATION:

         The Court should DISMISS Plaintiff's complaint (DE 1) for his apparent failure to serve it upon Defendant in accordance with Fed.R.Civ.P. 4(m) and/or for Plaintiff's failure to show cause in accordance with the Court's December 21, 2017 (DE 9).

         II. REPORT:

         A. Introduction

         This case is one of four that Plaintiff appears to have filed against Chris Gus Kanios, the purported Dean of Admissions at the John F. Kennedy University College of Law.[1] Plaintiff filed the instant complaint in pro per on July 10, 2017, contending that an order in his California case “allows refiling of the case in a different forum based on sua sponte procedural matters.” (DE 1 at 6.)

         The facts underlying the instant lawsuit stem from the alleged July 15, 2014 denial of Plaintiff's law school application and July 24, 2014 denial of review, as well as the school's alleged receipt of Title IV funds. (See, e.g., DE 1 at 3 ¶¶ 1, 5, 7.) Plaintiff's causes of action appear to be based upon the due process and equal protection clauses of the Fourteenth Amendment, and perhaps even the Americans with Disabilities Act (ADA). (DE 1 at 4-5.) He seeks compensatory and injunctive relief. (DE 1 at 4.)

         B. Plaintiff's Address of Record

         At the time he filed the instant matter, Plaintiff listed two addresses: (a) 16222 Schaefer Hwy., Detroit, Michigan 48235, and (b) a mailing address of 600 New Jersey Ave. NW, Washington, D.C. 20001. (DE 1 at 1, 5, 8.) Thereafter, the Clerk filed a notice regarding parties' responsibility to notify court of address change (DE 3), the Court entered an order granting Plaintiff's application to proceed in forma pauperis (DE 4), and Judge Cox referred this case to me for all pretrial proceedings (DE 5). However, copies of these items mailed to Plaintiff at his Washington, D.C., address have been returned to the Court as undeliverable. (DE 7, 8.)

         Meanwhile, by a notice postmarked July 27, 2017, and filed on August 1, 2017, Plaintiff informed the Court that his mailing address had changed to 132 N. Royal, Suite 200, Alexandria, VA 22314, in care of attorney Tracy Ford. (DE 6.)

         C. Show Cause Order

         As of December 21, 2017, there had been no appearance of counsel on Plaintiff's behalf; no summons had issued, Fed.R.Civ.P. 4(b); Plaintiff had not filed a proof of service with the Court, Fed.R.Civ.P. 4(1); and, Defendant Kanios had not appeared. As such, it appeared that Plaintiff had failed to effect service of a summons and complaint upon Defendant Kanios in accordance with Fed.R.Civ.P. 4(c), (e). Moreover, the 90-day time limit for service had passed. Fed.R.Civ.P. 4(m).

         For these reasons, I entered an order requiring Plaintiff to show cause why this case should not be dismissed for failure to comply with Fed.R.Civ.P. 4. (DE 9.) In particular, Plaintiff was “cautioned that a failure to comply with this order ...


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