Courtney Miller v. Eric Miller, et al.

Summary

The United States District Court for the Middle District of Pennsylvania grants Courtney Miller leave to file a third amended complaint, directing her to assert only her own claims and to file the complaint by February 13, 2026. The court denies without prejudice her motion for appointment of counsel, concluding that the case is at an early stage and that the relevant factors do not presently warrant appointment. The court states that the plaintiff’s motions for temporary restraining orders will be addressed separately in a Report and Recommendation.

Holdings

1. Plaintiff's motion to file a third amended complaint was granted, but the amended pleading was required to be single, comprehensive, and concise and to assert only claims belonging to plaintiff, not claims on behalf of Courtney Voyton.
2. Appointment of counsel was denied without prejudice because the decision under § 1915(e)(1) is discretionary and the relevant factors did not warrant appointment at that stage of the litigation.

Questions Presented

1. Whether plaintiff should be granted leave to file a third amended complaint while being required to assert only her own claims.
2. Whether plaintiff should be appointed counsel under 28 U.S.C. § 1915(e)(1).

Disposition

other