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Scotto v. Munn

United States District Court, D. Nebraska

January 16, 2020

LIVIA M. SCOTTO, Plaintiff,
v.
WILLIAM J. MUNN, and NELNET, INC., Defendants.

          MEMORANDUM AND ORDER

          Richard G. Kopf Senior United States District Judge

         Plaintiff filed her Complaint on February 6, 2019. (Filing No. 1.) She has been given leave to proceed in forma pauperis. (Filing No. 5.) The court now conducts an initial review of Plaintiff's Complaint to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2).

         I. SUMMARY OF COMPLAINT

         Plaintiff, a pro se litigant and resident of Valrico, Florida, filed a pro se form Complaint and Request for Injunction. The caption names “Nelnet et al and All et all and Any Other Filed Heretofore” as Defendants, and William J. Munn is named as an additional Defendant within the body of the Complaint. (See Filing No. 1 at CM/ECF pp. 1-2.) Plaintiff omitted page 2 of the form which is designated for identifying the defendants to the action. However, Plaintiff attached to her Complaint what appear to be “Complaint” title pages which list 14 Defendants including Nelnet, William Munn, Jeffrey Noordhoek, the University of Hawaii, Maui Community College, and various federal agencies. (Filing No. 1-1 at CM/ECF pp. 1, 3-4.) In addition to the “Complaint” title pages, Plaintiff also attached purported certificates of service, notices, printed case law excerpts, and a partially completed Form AO93c for a warrant by telephone or other reliable electronic means. (Filing No. 1-1.)

         In the caption of the Complaint, Plaintiff lists the following concepts or theories of recovery:

18 U.S.C. § 1344, 15 U.S.C. § 1692p
Breech [sic], Loan Fraud (EFTA viol.)
Illegal Collection Practice
Deceptive Practice 18 U.S.C. §§ 1968: 1911: 68
Bank Disgorgements
29 U.S.C. § 201-219, 31 U.S.C. § 3729,
Notice of Lawsuit, Filed With
Summons, Violations of False ...

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