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Johnson v. Wagoner County

United States District Court, E.D. Oklahoma

November 18, 2019

MARY K. JOHNSON, Plaintiffs,
v.
WAGONER COUNTY, et. al., Defendant.

          OPINION AND ORDER

          Honorable Ronald A. White United States District Judge

         Before the court are the Plaintiff's Complaint [Docket No. 2] and Plaintiffs' Motion for Leave to Proceed In Forma Pauperis & Supporting Affidavit [Docket No. 3].

         Plaintiff's Motion to Proceed In Forma Pauperis indicates that she is unemployed and unmarried. She owns no real property and no vehicle and has no money in the bank. She received $1, 242.10 gross per month from Social Security Administration and has monthly debt obligations. Plaintiff's Motion to Proceed In Forma Pauperis is GRANTED.

         Plaintiffs are proceeding pro se in this matter. The court construes liberally the pleadings of all pro se litigants. Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991).

         Complaint

         Plaintiff filed her Complaint against the Defendants, stating as follows:

Re-submission after dismissal without prejudice Order (CIV-19-244-TDD)…All of the Individual Defendants and the Corporate Defendants, individually, collectively, or in any combination, listed within this complaint, Co-joined in the violation of a “protected class” U.S. Citizen's rights under the 14th Amendment, “due process” did willfully participate in other acts and violations…

         Plaintiff alleges in her Complaint discrimination and deprivation of rights; however, she cites no specific allegations nor requests any discernible relief from the court. The essence of Plaintiff's claims seems to revolve around certain outstanding warrants issued against her in Wagoner County based allegedly upon her failure to pay traffic tickets in 1994 of which she became aware as a result of a traffic stop. Plaintiff asserts she paid one ticket and any others are a mistake or fraudulent. She also complains of denial of employment by The Key Group in 2019 because of the appearance of the warrants on a background check provided by National Background Reporting. Plaintiff claims the same information appears in state court records provided by Kellpro, Inc.

         In the Complaint, Plaintiff cites numerous state and federal statutes, procedural rules and constitutional provisions, as well as common law theories of tort liability against the following Defendants:

1. Wagoner County, et. al.;
2. Michael or Timothy Keller, Defendant(s), Michael Keller (founder) & Timothy Keller, President Kellpro, Inc., 1992 to present;
3. Patricia Oertle-Phaneuf, Defendant - President - D.B.A./The Key Group, Inc….;
4. Martin A. Vaughn, Incorporator/Estate or Agent D.B.A. National Background Reporting and/or Fiscal Administrator for National Background Reporting…

         28 ...


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