BYRNE v. ALLY FINANCIAL INC (1:23-cv-00460), Maine District Court

BYRNE v. ALLY FINANCIAL INC

Maine District Court
Judge:	John A Woodcock, Jr
Referred:	Karen Frink Wolf
Case #:	1:23-cv-00460
Nature of Suit	480 Other Statutes - Consumer Credit
Cause	15:1681 Fair Credit Reporting Act

Case Filed:	Dec 21, 2023
Terminated:	Mar 18, 2024

Last checked: Sunday Feb 04, 2024 5:08 AM EST

Defendant ALLY FINANCIAL INC
Plaintiff JODIE LOUISE BYRNE PO BOX 22 SEAL HARBOR, ME 04675

	GPO Jan 09 2024 ORDER denying 7 Motion to Proceed Without Prepayment of Fees and Costs. By MAGISTRATE JUDGE KAREN FRINK WOLF. (MGW)
	GPO Feb 05 2024 RECOMMENDED DISMISSAL re 1 Complaint. Objections to R&R due by 2/20/2024. By MAGISTRATE JUDGE KAREN FRINK WOLF. (MGW)
	GPO Mar 18 2024 DISMISSAL ORDER accepting 10 REPORT AND RECOMMENDED DECISION; dismissing without prejudice 1 Complaint By JUDGE JOHN A. WOODCOCK, JR. (CCS)

Docket last updated: 05/13/2024 11:59 PM EDT

Monday, March 25, 2024
16		16 appeal Clerks Certificate Re: Appeal Record Mon 03/25 12:51 PM CLERK'S CERTIFICATE Re:14 Notice of Appeal Documents sent to the U.S. Court of Appeals. (jam) Related: [-]
15		15 appeal Appeal Cover Sheet Mon 03/25 12:47 PM APPEAL COVER SHEET Re:14 Notice of Appeal (jam) Related: [-]
14		14 appeal Notice of Appeal Mon 03/25 12:09 PM NOTICE OF APPEAL as to12 Order on Report and Recommendations,13 Judgment by JODIE LOUISE BYRNE. NOTICE TO FILER: A transcript Report/Order form MUST be completed and submitted to the First Circuit Court of Appeals. The form can be found under the Forms & Fees section on their website at [LINK:https://www.ca1.uscourts.gov] . NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at [LINK:https://pacer.psc.uscourts.gov] . Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at [LINK:https://www.ca1.uscourts.gov/cmecf] (jam) Related: [-]
		Att: 1 Notice of appeal, duplicate,
		Att: 2 JLB CV,
		Att: 3 email containing documents for filing
		appeal Copies of Notice of Appeal Sent to Counsel Mon 03/25 12:11 PM COPIES of Notice of Appeal Sent to Plaintiff Re:14 Notice of Appeal, filed by JODIE LOUISE BYRNE. (jam) Related: [-]
		appeal Abbreviated Appeal Record Transmitted to USCA Mon 03/25 12:55 PM Abbreviated Appeal Record Transmitted Electronically to U.S. Court of Appeals re14 Notice of Appeal (jam) Related: [-]
		appeal USCA Case Number Mon 03/25 3:46 PM USCA Case Number 24-1291 for14 Notice of Appeal,,, filed by JODIE LOUISE BYRNE. (jam) Related: [-]
Monday, March 18, 2024
13		13 order Judgment Mon 03/18 3:40 PM JUDGMENT OF DISMISSAL By DEPUTY CLERK: Joanne McCue. (jam) Related: [-]
12		12 13 pgs order Order on Report and Recommendations Mon 03/18 1:36 PM DISMISSAL ORDER accepting10 REPORT AND RECOMMENDED DECISION; dismissing without prejudice1 Complaint By JUDGE JOHN A. WOODCOCK, JR. (CCS) Related: [-]
Tuesday, February 20, 2024
11		11 respm Objection to Report and Recommended Decision Tue 02/20 4:35 PM Objection Recommended Dismissal re10 Report and Recommended Decision. filed by JODIE LOUISE BYRNE.(jad) Related: [-]
		Att: 1 Attachment,
		Att: 2 email containing documents
Monday, February 05, 2024
10		10 motion Report and Recommended Decision Mon 02/05 10:37 AM RECOMMENDED DISMISSAL re1 Complaint. Objections to R&R due by 2/20/2024. By MAGISTRATE JUDGE KAREN FRINK WOLF. (MGW) Related: [-]
Friday, January 19, 2024
9		9 misc Mail Returned/Resent Fri 01/19 1:51 PM MAIL (ECF #8) sent to JODIE LOUISE BYRNE returned as undeliverable. Reason: Not deliverable as addressed/Unable to Forward. (jad) Related: [-]
Tuesday, January 09, 2024
8		8 4 pgs order Order on Motion to Proceed Without Prepayment of Fees and Costs Tue 01/09 3:15 PM ORDER denying7 Motion to Proceed Without Prepayment of Fees and Costs. By MAGISTRATE JUDGE KAREN FRINK WOLF. (MGW) Related: [-]
		utility Set Deadlines/Hearings Tue 01/09 3:16 PM Set Deadline: Per ECF No. 8, filing fee due by 1/24/2024. (MGW) Related: [-]
Monday, January 08, 2024
7		7 motion Proceed Without Prepayment of Fees and Costs Mon 01/08 4:01 PM MOTION to Proceed Without Prepayment of Fees and Costs by JODIE LOUISE BYRNE(jad) Related: [-]
		Att: 1 envelope
Thursday, December 28, 2023
		order Order on Motion for Reconsideration Thu 12/28 10:55 AM Treating the Plaintiff's latest correspondence as a motion for reconsideration of my order denying her application to proceed in forma pauperis (IFP), it is DENIED. The Court's obligation when any IFP application is filed is to carefully assess the financial information provided at that time to determine if a plaintiff's financial situation is such that she cannot pay the court's filing fee or other costs associated with the commencement of a suit. Any such litigant is required to provide sufficient detail regarding income, assets, debts, and expenses. The Plaintiff's initial application (ECF No. 2) does not provide sufficient detail and raises more questions for the Court than it answers. For example, the Plaintiff generally indicates she has approximately $3,600 per month in expenses, but does not itemize those expenses or set forth income or other source(s) of funds to pay such expenses. She generally states that she has "100K out" for debts/financial obligations but does not attempt to identify or itemize those obligations. She references a business but provides scant detail about it. Her recent correspondence providing a bank statement screen shot is not sufficient. I will give the Plaintiff until January 8, 2024, either to pay the filing fee or file a revised IFP application with more information about her financial circumstances, failing which I will recommend the dismissal of her case. The Clerk's Office is requested to send the Plaintiff a copy of this Order together with a long form IFP application (AO 239), which form includes the line-itemization required. The Court appreciates the Plaintiff's cooperation in carefully following the instructions on the form and providing the information requested. Finally, given the Plaintiff's threats of self-harm, she is strongly encouraged to call 988 (Suicide and Crisis Lifeline) or 1-888-568-1112 (Maine Crisis Line). By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) Related: [-]
		utility Set/Reset Deadlines Thu 12/28 11:22 AM Reset Deadlines per Order No. 6: Fee or IFP due by 1/8/2024. (jad) Related: [-]
Wednesday, December 27, 2023
5		5 motion Reconsideration Thu 12/28 8:09 AM MOTION for Reconsideration re 4 Order on Motion to Proceed Without Prepayment of Fees and Costs by JODIE LOUISE BYRNE(jad) Related: [-]
		Att: 1 envelope
Thursday, December 21, 2023
4		4 ORDER denying2 Motion to Proceed Without Prepayment of Fees and Costs. In her application to proceed in forma pauperis (IFP), the Plaintiff claims to have no income, a lot of debt, and only $78 in cash, but also indicates that she works for a nonprofit, owns a 2020 Jeep, and has $3,000 of monthly expenses. Additionally, she inappropriately lists a Saint Bernard as a person who is dependent on her for $600 of support per month. The Plaintiff's confusing and inconsistent representations do not convince me that she cannot afford to pay the costs of this litigation. Accordingly, her IFP application is DENIED, and she is ORDERED, by December 28, 2023, to pay this Court's filing fee or file a revised IFP application with detailed and accurate information about her financial situation, failing which her case will be dismissed. By MAGISTRATE JUDGE KAREN FRINK WOLF. (MGW) Related: [-]
3		3 NOTICE: Recently JODIE LOUISE BYRNE filed a pleading in this Court without representation of an attorney. Information regarding representing yourself is available on the Court's website at[LINK:https://www.med.uscourts.gov/handout-self-represented-parties] including a Handout for Self-Represented Parties. This handout is intended for informational and practical purposes only and in no way takes the place of an attorney's legal advice, but it may provide some answers to procedural and general questions. ALSO NOTE: You are responsible for notifying the Court in writing of any changes to your mailing address or telephone number and of any change in status regarding representation by an attorney. (cc: pro se litigant) (cjd) Related: [-]
2		2 motion Proceed Without Prepayment of Fees and Costs Thu 12/21 3:30 PM MOTION to Proceed Without Prepayment of Fees and Costs by JODIE LOUISE BYRNE (cjd) Related: [-]
1		1 cmp Complaint Thu 12/21 3:29 PM COMPLAINT against ALLY FINANCIAL INC with Jury Demand, filed by JODIE LOUISE BYRNE. (Service of Process Deadline 3/20/2024)(cjd) Related: [-]
		Att: 1 Envelope
		utility Set/Reset Deadlines Thu 12/21 4:25 PM Set Deadline: Per ECF No. 4, filing fee or revised IFP application due by 12/28/2023. (MGW) Related: [-]
		notice Notice to Pro Se Re First Filing & Address Updates Thu 12/21 3:33 PM NOTICE: Recently JODIE LOUISE BYRNE filed a pleading in this Court without representation of an attorney. Information regarding representing yourself is available on the Court's website at[LINK:https://www.med.uscourts.gov/handout-self-represented-parties] including a Handout for Self-Represented Parties. This handout is intended for informational and practical purposes only and in no way takes the place of an attorney's legal advice, but it may provide some answers to procedural and general questions. ALSO NOTE: You are responsible for notifying the Court in writing of any changes to your mailing address or telephone number and of any change in status regarding representation by an attorney. (cc: pro se litigant) (cjd) Related: [-]
		order Order on Motion to Proceed Without Prepayment of Fees and Costs Thu 12/21 4:22 PM ORDER denying2 Motion to Proceed Without Prepayment of Fees and Costs. In her application to proceed in forma pauperis (IFP), the Plaintiff claims to have no income, a lot of debt, and only $78 in cash, but also indicates that she works for a nonprofit, owns a 2020 Jeep, and has $3,000 of monthly expenses. Additionally, she inappropriately lists a Saint Bernard as a person who is dependent on her for $600 of support per month. The Plaintiff's confusing and inconsistent representations do not convince me that she cannot afford to pay the costs of this litigation. Accordingly, her IFP application is DENIED, and she is ORDERED, by December 28, 2023, to pay this Court's filing fee or file a revised IFP application with detailed and accurate information about her financial situation, failing which her case will be dismissed. By MAGISTRATE JUDGE KAREN FRINK WOLF. (MGW) Related: [-]

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