Miller v. Capital One Financial Corporation et al

Filing 10

SUA SPONTE OPINION AND ORDER - The Clerk of Court and United States Marshals Service are respectfully directed to take the actions set forth in the attached sua sponte Opinion and Order. Ordered by Magistrate Judge Joseph A. Marutollo on 3/7/2025. (EG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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ARIA C. MILLER,
Plaintiff,
v.

OPINION AND ORDER
24-CV-2834
(Morrison, J.)
(Marutollo, M.J.)

CAPITAL ONE FINANCIAL CORPORATION,
Defendant.
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JOSEPH A. MARUTOLLO, United States Magistrate Judge:
Pro se Plaintiff Aria C. Miller filed this action on April 15, 2024. Dkt. No. 1. By
Memorandum and Order entered November 1, 2024, the Honorable Nina A. Morrison, United
States District Judge, granted Plaintiff’s application to proceed in forma pauperis (“IFP”) under
28 U.S.C. § 1915, see Dkt. No. 2, and dismissed Plaintiff’s complaint with leave to replead. See
Dkt. No. 5. Plaintiff filed her Amended Complaint on December 17, 2024. Dkt. No. 9.1
This Court respectfully directs the Clerk of the Court to prepare a summons against
Defendant Capital One Financial Corporation, using the address provided by Plaintiff (1680
Capital One Drive, McLean, Virginia 22102-3491), and further respectfully directs the United
States Marshals Service to serve such summons and the Amended Complaint upon Defendant.

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It appears that Plaintiff inadvertently submitted the same Amended Complaint in an unrelated action,
Miller v. Amazon.com Services, LLC, No. 24-CV-1286 (NRM) (JAM), Dkt. No. 37, which she subsequently
requested to have removed, Dkt. No. 38. That document includes exhibits that appear related to the instant
action, but were not included in her submission in No. 24-CV-2834 (NRM) (JAM). Should Plaintiff wish
those exhibits to be filed in this action, she may submit them under this docket number.

This Court also respectfully directs the Clerk of the Court to mail a copy of this Order to
Plaintiff at 29 W. 36th Street, Apt. 5L; New York, New York 10018 and note the mailing on the
docket.
Dated:

Brooklyn, New York
March 7, 2025

SO ORDERED.
/s/ Joseph A. Marutollo
JOSEPH A. MARUTOLLO
United States Magistrate Judge

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