Order 12 at 3. On October 5, , Plaintiff, pro se, filed an amended complaint against Akers and Isaacs in this Court based on federal question jurisdiction pursuant to 42 U. October Am. The complaint alleged the following. Akers had accepted Plaintiff's offer for alternative dispute resolution before Judge Judy in California.
In June , Akers had testified in small claims court and, at the end of the hearing, presented evidence that Plaintiff had violated a protective order. See id. Plaintiff alleged that Defendants had no intent of appearing before Judge Judy but said they agreed for the purpose of "entrapping" him into violating a protective order. The entrapment was "planned as part of an interstate conspiracy" with Isaacs.
Defendants had negotiated in "bad faith" for an alternative means of dispute resolution.
The Pulp Super-Fan | ‘Pro Se Presents,’ year one
In October , Plaintiff was found guilty of violating a protective order against Akers, which she "prosecuted" pro se in the Superior Court of Marion County, Indiana. As a result, Plaintiff suffered an injury under 42 U. Plaintiff suffered damages as a result of a deceptive agreement made in bad faith because he had lost an all-expenses paid trip from Indiana to California to appear before Judge Judy.
When Defendants "repudiated said agreement by opting instead for trial before said small claims court, their lawyer immediately attempted to prosecute [Plaintiff] for a protective order violation" which resulted in influencing the judge's verdict and denying Plaintiff a fair trial.
Plaintiff lost that trial in which he attempted to recover a credit card charge from Isaacs for incomplete services. Defendants conspired to impede, hinder, obstruct, or defeat the due course of justice because their attorney came ready to "prosecute" Plaintiff for a protective order violation which prevented Plaintiff from enforcing his rights to a fair trial under federal law and equal protection of the law.
When considering a Rule 12 b 6 motion to dismiss for failure to state a claim, the court must accept as true all factual allegations in the complaint as well as all reasonable inferences that may be drawn from such allegations. LSO, Ltd. Such allegations must be construed in the light most favorable to the nonmoving party.
Shwarz v. In general, the court should only look to the contents of the complaint during its review of a Rule 12 b 6 motion to dismiss. However, the court may consider documents attached to the complaint or referred to in the complaint whose authenticity no party questions. First Boston Corp. The analysis and purpose of a Rule 12 b 6 motion to dismiss for failure to state a claim is to test the legal sufficiency of a complaint. Navarro v. The issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims.
Gilligan v. Jamco Dev. To avoid a Rule 12 b 6 dismissal, a complaint does not need detailed factual allegations; rather, it must plead "enough facts to state a claim to relief that is plausible on its face. Daimler Chrysler Corp.
You also might want to read...
Even though a complaint does not need "detailed factual allegations" to pass muster under 12 b 6 consideration, the factual allegations "must be enough to raise a right to relief above the speculative level. If the court grants a motion to dismiss a complaint, it must then decide whether to grant leave to amend. The court should "freely give" leave to amend when there is no "undue delay, bad faith or dilatory motive on the part of the movant.
Generally, leave to amend is only denied when it is clear that the deficiencies of the complaint cannot be cured by amendment. See DeSoto v. Yellow Freight Sys. Akers, pro se, argues that she never agreed to appear on The Judge Judy Show and that Plaintiff has no grounds for making such a claim. Converted Mot. She argues that all business transactions between she and Plaintiff had taken place in Indiana.
Join Kobo & start eReading today
She asserts that she did not entrap him because he had violated the protective order on his own free will with no provocation from Defendants. She states that the hearing at issue had taken place before a judge and not a jury. The first is a short science-fiction story set in a prison. The second, is a horror-science fiction story. Next is another fantasy story by Nancy A.
And finally a short story dealing with a ronin, a masterless Japanese samurai. Then another fantasy story by Hansen. Next is a Charles St.
‘Pro Se Presents,’ year one
This is an original occult detective series by Reynold. And finally a short Christmas story. Then we have the first of P. The Silver Manticore is a blending of several pulp and serial characters. See my previous posting for more on him. Then we have the first story of modern female detective Aloha McCoy. Finally, we get a comic story that introduces The Rapier , a movie star turned pulp hero. We conclude the Hawk story from the previous issue. Then we get a short suspense story.
Here he teams up with re-animated crime-lord, The Stiff. See my prior posting on this character.
- Slave Ship from Sergan: Cap Kennedy Book 2.
- Contents Lists.
- An Embassy Besieged: The Story of a Christian Community in Nazi Germany.
- Montana Lawyer -- June/July by State Bar of Montana - Issuu.
- Lightspeed Presents “Requiem in the Key of Prose” by Jake Kerr.
See my prior posting for a full review. First off Hansen has a story with detective Kate Keener. In the second, a bizarre murder must be solved before more people are killed.
- LACHMAN v. ISAACS | No. cvRCJ-PAL. | g49 | mudywehy.tk.
- Quantitative Credit Portfolio Management: Practical Innovations for Measuring and Controlling Liquidity, Spread, and Issuer Concentration Risk (Frank J. Fabozzi Series)!
- The FictionMags Index?
- Eserleri ve Katkıda Bulundukları?
- The Sapphire Key;
- Pro Se Press | D&R - Kültür, Sanat ve Eğlence Dünyası!
Next is a strange story of mystical adventure. And finally, a story of revenge on a town for the evil it had done years prior. Other images, quotations and trademarks protected by their respective owners. Commentary from the den of a pulp super-fan Navigation ThePulp. The Pulp Super-Fan. In this posting, I look at the first 12 issues of Pro Se Presents , Volume 1: 1, August kicks off the series with three unusual stories.
The series continued, and I have another posting coming for the rest of the issues.