Greene v. Rite Aid Culver City

CourtDistrict Court, E.D. Wisconsin
DecidedApril 24, 2025
Docket2:24-cv-01672
StatusUnknown

This text of Greene v. Rite Aid Culver City (Greene v. Rite Aid Culver City) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greene v. Rite Aid Culver City, (E.D. Wis. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

CEDRIC GREENE,

Plaintiff, Case No. 24-CV-1555-JPS v.

FIRST TO SERVE, INC.,

Defendant.

Plaintiff, Case No. 24-CV-1582-JPS v.

NEXT DOOR MEDICAL NETWORK, INC.,

Plaintiff, Case No. 24-CV-1599-JPS v.

EASTSIDE ORTHOPEDIC MEDICAL ASSOCIATES,

Plaintiff,

v. Case No. 24-CV-1672-JPS

RITE AID CULVER CITY,

Defendant. CEDRIC GREENE,

Case No. 25-CV-26-JPS Plaintiff,

v.

GARLAND COUNTY ARKANSAS,

Case No. 25-CV-125-JPS Plaintiff,

GLOBAL CARE MEDICAL GROUP,

Case No. 25-CV-177-JPS Plaintiff,

Case No. 25-CV-236-JPS Plaintiff,

430 SOUTH LOS ANGELES STREET LLC,

Defendant. CEDRIC GREENE and VALERIE STEPHEN, Case No. 25-CV-245-JPS

Plaintiffs, v. ORDER MV TRANSPORTATION, INC.,

1. INTRODUCTION1 Plaintiff Cedric Greene (“Greene”), a California resident proceeding pro se, filed or removed the nine above-captioned actions between December 2024 and February 2025. Greene filed Amended Complaints in three cases. 24-CV-1555, ECF No. 6; 24-CV-1582, ECF No. 6; and 24-CV- 1599, ECF No. 6. Greene also moved for leave to proceed without prepaying the filing fee in each action. 24-CV-1555, ECF No. 2; 24-CV-1582, ECF No. 2; 24-CV-1599, ECF No. 2; 24-CV-1672, ECF No. 2; 25-CV-26, ECF No. 2; 25- CV-125, ECF No. 2; 25-CV-177, ECF No. 2; 25-CV-236, ECF No. 2; and 25- CV-245, ECF No. 2. On January 22, 2025, Greene moved for criminal review and investigation in 25-CV-26. ECF No. 4. Each of these motions was considered by Magistrate Judge Stephen C. Dries, who issued report and

1Except where otherwise noted, citations to filings in Case No. 24-CV-1555- JPS will be delineated “24-CV-1555, ECF No. __,” citations to filings in Case No. 24-CV-1582-JPS will be delineated “24-CV-1582, ECF No. __,” citations to filings in Case No. 24-CV-1599-JPS will be delineated “24-CV-1599, ECF No. __,” citations to filings in Case No. 24-CV-1672-JPS will be delineated “24-CV-1672, ECF No. __,” citations to filings in Case No. 25-CV-26-JPS will be delineated “25-CV-26, ECF No. __,” citations to filings in Case No. 25-CV-125-JPS will be delineated “25-CV-125, ECF No. __,” citations to filings in Case No. 25-CV-177-JPS will be delineated “25- CV-177, ECF No. __,” citations to filings in Case No. 25-CV-236-JPS will be delineated “25-CV-236-JPS, ECF No. __,” and citations to filings in Case No. 25- CV-245-JPS will be delineated “25-CV-245, ECF No. __.” recommendations (“R&Rs”) as to each motion and further recommended that each case be dismissed (or in some cases, remanded to state court). 24- CV-1555, ECF No. 7; 24-CV-1582, ECF No. 7; 24-CV-1599, ECF No. 7; 24-CV- 1672, ECF No. 5; 25-CV-26, ECF No. 6; 25-CV-125, ECF No. 4; 25-CV-177, ECF No. 4; 25-CV-236, ECF No. 4; and 25-CV-245, ECF No. 4. These R&Rs are now before the Court. For the reasons discussed herein, the Court will adopt all nine R&Rs, impose a filing bar, and sanction Greene with a monetary fine in the amount of $7,500.00. 2. LEGAL STANDARD AND RELEVANT PROCEDURAL HISTORY 2.1 Standard for Review of the R&Rs as Applied to Greene In the R&Rs, Magistrate Judge Dries advised Greene that “objections to any recommendation herein, or part thereof, may be filed within fourteen days of service of this recommendation,” and that “[f]ailure to file a timely objection with the district judge shall result in a waiver to your right of appeal.” 24-CV-1555, ECF No. 7 at 2–3; 24-CV-1582, ECF No. 7 at 2; 24-CV- 1599, ECF No. 7 at 2; 24-CV-1672, ECF No. 5 at 2; 25-CV-26, ECF No. 6 at 2– 3; 25-CV-125, ECF No. 4 at 2–3; 25-CV-177, ECF No. 4 at 2; 25-CV-236, ECF No. 4 at 2–3; and 25-CV-245, ECF No. 4 at 3 (each citing 28 U.S.C. § 636(b)(1)(B) and (C), Fed. R. Civ. P. 72(b)(2), and Gen. L.R. 72(c)). In the time since each R&R was issued, Greene has not filed any objections to any of the R&Rs. For R&Rs to which no objections are made, the Court reviews the R&R for clear error. Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999) (“Under Rule 72(b), the district court judge must make a de novo determination only of those portions of the magistrate judge's disposition to which specific written objection is made. If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error.” (citing Goffman v. Goss, 59 F.3d 668, 671 (7th Cir. 1995) and Campbell v. U.S. Dist. Court, 501 F.2d 196, 206 (9th Cir. 1974))); see also Hollerway v. Spiegel, No. 23-1137, 2024 WL 278910, at *2 (7th Cir. Jan. 25, 2024) (the Seventh Circuit deemed waived any challenge to the R&R because the party did not properly object to its findings). “Clear error is an extremely deferential standard of review[] and will only be found to exist where the ‘reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.’” Pinkston v. Madry, 440 F.3d 879, 888 (7th Cir. 2006) (quoting Anderson v. City of Bessemer, 470 U.S. 564, 573 (1985)). In contrast, “the Court is obliged to analyze de novo ‘those portions of the report or specified proposed findings or recommendations to which objection is made.’” United States v. Wicks, No. 20-CR-143-JPS, 2021 WL 4786307, at *1 (E.D. Wis. Oct. 13, 2021) (quoting 28 U.S.C. § 636(b)(1)(C)). The Seventh Circuit has explained that [d]e novo review requires the district judge to decide the case based on an independent review of the evidence and arguments without giving any presumptive weight to the magistrate judge’s conclusion. The district judge is free, and encouraged, to consider all of the available information about the case when making this independent decision. A district judge may be persuaded by the reasoning of a magistrate judge or a special master while still engaging in an independent decision-making process. Mendez v. Republic Bank, 725 F.3d 651, 661 (7th Cir. 2013) (citing United States v. Raddatz, 447 U.S. 667, 683 n.11 (1980)). “Being persuaded by the magistrate judge’s reasoning, even after reviewing the case independently, is perfectly consistent with de novo review.” Id. “That said, ‘[t]he magistrate judge’s recommendation on a dispositive matter is not a final order, and the district judge makes the ultimate decision to adopt, reject, or modify it.’” Farmer v. DirectSat USA, No. 08-CV-3962, 2015 WL 13310280, at *2 (N.D. Ill. Sept. 24, 2015) (quoting Schur v. L.A. Weight Loss Ctrs., Inc., 577 F.3d 752, 760 (7th Cir. 2009)). On February 21, 2025, the Seventh Circuit effectively barred Greene from filing any papers with any district court in the circuit by ordering that any filings be returned to him unfiled until he fully paid a $ 500.00 monetary sanction. See Greene v. St. Nicholas Med. Grp., No. 24-3268, ECF No. 14 (7th Cir. Feb. 21, 2025) (“Mack Order”). This affected Greene’s ability to object in five of the nine above-captioned cases, where the time for any objection extended beyond the February 21, 2025 filing bar or the R&R was not yet issued prior to that date. 24-CV-1555, ECF No. 7 (issued Feb. 21, 2025); 24- CV-1582, ECF No. 7 (issued Feb. 21, 2025); 24-CV-1599, ECF No. 7 (issued Feb.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mitchell v. Farcass
112 F.3d 1483 (Eleventh Circuit, 1997)
Shamrock Oil & Gas Corp. v. Sheets
313 U.S. 100 (Supreme Court, 1941)
Chicago, Rock Island & Pacific Railroad v. Stude
346 U.S. 574 (Supreme Court, 1954)
Conley v. Gibson
355 U.S. 41 (Supreme Court, 1957)
Haines v. Kerner
404 U.S. 519 (Supreme Court, 1972)
United States v. Raddatz
447 U.S. 667 (Supreme Court, 1980)
Anderson v. City of Bessemer City
470 U.S. 564 (Supreme Court, 1985)
Neitzke v. Williams
490 U.S. 319 (Supreme Court, 1989)
Denton v. Hernandez
504 U.S. 25 (Supreme Court, 1992)
Kokkonen v. Guardian Life Insurance Co. of America
511 U.S. 375 (Supreme Court, 1994)
Erickson v. Pardus
551 U.S. 89 (Supreme Court, 2007)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Support Systems International, Inc. v. Richard Mack
45 F.3d 185 (Seventh Circuit, 1995)
In the Matter of Lamar Chapman III
328 F.3d 903 (Seventh Circuit, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
Greene v. Rite Aid Culver City, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-rite-aid-culver-city-wied-2025.