Rachel v. United Dairy Farmers

Filing 7

ORDER re 6 Order on Report and Recommendations : Plaintiff is hereby ORDERED to file an amended complaint, in which the plaintiff may allege actionable facts as pointed out by the District Court, within thirty (30) days from the dat of filing of this Order. Signed by Magistrate Judge Stephanie K. Bowman on 10/4/2012. (jlw) (Additional attachment(s) added on 10/4/2012: # 1 Certified Mail Receipt) (jlw).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

DARRIAN RACHEL,
Plaintiff,

vs

UNITED DAIRY FARMERS,
Defendant.

Case No. 1:12-cv-575

Spiegel, J.
Bowman, M.J.

ORDER

On October 2, 2012, the District Court issued an Opinion and Order reversing the
undersigned’s Report and Recommendation to dismiss the plaintiff’s complaint as frivolous on
initial sua sponte screening of the complaint under 28 U.S.C. § 1915(e)(2)(B). (See Docs. 4, 6).
In so ruling, the District Court emphasized that it “was not finding that the record as it stands
supports a strong case, but rather there is enough before the Court to show that Plaintiff’s claims
merit investigation and not just dismissal.” (Doc. 6, p. 3). The Court continued: “Clearly
Plaintiff needs to amend her Complaint if she wishes to withstand a motion by Defendant to
dismiss her case.” (Id.).
In order to allow the plaintiff the opportunity to address the District Court’s stated
concerns, and in order to determine whether or not plaintiff is actually able to state a claim for
relief upon which relief may be granted by this Court, plaintiff is hereby ORDERED to file an
amended complaint, in which plaintiff may allege actionable facts as pointed out by the District
Court, within thirty (30) days from the date of filing of this Order. Plaintiff is hereby advised
that failure to comply with this Order will result in the dismissal of this action for lack of

prosecution.
IT IS SO ORDERED.

s/Stephanie K. Bowman
Stephanie K. Bowman
United States Magistrate Judge