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Petties v. Stony Ridge Apartments

United States District Court, D. Nebraska

February 19, 2016

LERONE PETTIES, CAROL PETTIES, E.P. PETTIES, I.M. PETTIES, A.P. PETTIES, and B.P. PETTIES, Plaintiffs,
v.
STONY RIDGE APARTMENTS, IRON OAKS PROPERTIES, BRENTON T. LUETCHENS, CINDY SIENE, and LINCOLN HOUSING AUTHORITY, Defendants.

MEMORANDUM AND ORDER

Richard G. Kopf Senior United States District Judge

This matter is before the court on initial review of Lerone and Carol Petties’ (together, “the plaintiffs”) Complaint (Filing No. 1). For the reasons that follow, the court will give the plaintiffs 30 days in which to file an amended complaint that states a claim on which relief may be granted.

I. SUMMARY OF COMPLAINT

The plaintiffs filed this action against Stony Ridge Apartments, Iron Oak Properties, Brenton Luetchens, Cindy Siene, and the Lincoln Housing Authority. Their allegations are difficult to decipher.

It appears the plaintiffs signed a one-year lease with one or more of the defendants, agreeing to reside at the Stony Ridge Apartments. At some point prior to signing the lease, Lerone Petties (“Lerone”) filed a complaint about how the apartments were maintained and also about the “security of the apartment.” (Filing No. 1 at CM/ECF p. 2.) The plaintiffs’ remaining allegations are as follows:

• Lerone received an eviction notice with “no legal or any other right to have [his] lease terminated.” (Filing No. 1 at CM/ECF p. 2.)
• Lerone was advised during a hearing that he was evicted “due to other means.” but those other means were “never presented with this allegation.” (Filing No. 1 at CM/ECF p. 2.)
• On August 24, 2015, Lerone informed an official of the Lincoln Housing Authority named “Jessica” that Cindy Siene would not accept his rent check for the third week in a row. Jessica advised him not to go to court because he would “loose [sic] [his] voucher.” (Filing No. 1 at CM/ECF p. 3.)
• Lerone informed Jessica that Cindy would “work something out with [Carol Petties] but wouldn’t take no money from [Lerone].” (Filing No. 1 at CM/ECF p. 3.)
• The Attorney General “showed up in [Lerone’s] favor on the hearing date” and felt Lerone was “being picked on and treated inhuman.” (Filing No. 1 at CM/ECF p. 3.)
• The landlord stated Lerone would have to leave the apartment, but his family could stay. (Filing No. 1 at CM/ECF P. 4.)
• Lerone is African American and his wife is Caucasian. (Filing No. 1 at CM/ECF p. 4.)

The plaintiffs claim Lerone was evicted “due to the color of his skin” and “because [he filed] a housing complaint.” (Filing No. 1 at CM/ECF. 4.) For relief, the plaintiffs seek renewal of their lease, an ...


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