Campbell v. Lupis
| Milton Campbell |
| Francesco Lupis |
| 3:2022cv01654 |
| December 27, 2022 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| S Dave Vatti |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 1, 2024. A more recent docket listing may be available from PACER.
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Filing 17
WAIVER OF SERVICE Returned Executed as to Francesco Lupis waiver sent on 2/8/2023, answer due 4/9/2023, filed by Milton Campbell. (Fanelle, N.)
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Filing 16
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Francesco Lupis* with answer to complaint due within *21* days. *Milton Campbell #165082* *MACDOUGALL-WALKER CI* *1153 East Street South* *Suffield, CT 06080*. (Fanelle, N.)
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REQUEST FOR WAIVER of Service sent to Dr. Francesco Lupis on 2/8/2023 by Milton Campbell. Waiver of Service due by 3/15/2023. (Fanelle, N.)
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USM 285 forms together with Summons, Complaint, Order granting IFP, IRO, brought to USM for service on defendant. Marshals Return of Service on Summons due by 2/28/2023. (Fanelle, N.)
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Filing 15
Standing Order Re: Initial Discovery Disclosures. Signed by Judge Stefan R. Underhill on 2/3/2023. (Fanelle, N.)
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Filing 14
INITIAL REVIEW ORDER. The Plaintiff has paid the filing fee in this matter. The Court has conducted an Initial Review of Plaintiff's Complaint. The Eighth Amendment claim of deliberate indifference to medical needs shall proceed against Defendant Dr. Francesco Lupis in his official capacity to the extent Plaintiff seeks injunctive relief and in his individual capacity to the extent Plaintiff seeks money damages.In light of Plaintiff's incarceration and the resulting difficulty Plaintiff is likely to encounter effectuating service, the Court enters the following orders: (1) The Clerk shall verify the current work address for Dr. Francesco Lupis with the DOC Office of Legal Affairs, mail a waiver of service of process request packet containing the Complaint to him at his confirmed address by February 24, 2023, and report on the status of the waiver request on the thirty-fifth (35th) day after mailing. If Defendant fails to return the waiver request, the Clerk shall make arrangements for in-person individual capacity service by the U.S. Marshals Service on the Defendant, and the Defendant shall be required to pay the costs of such service in accordance with Federal Rule of Civil Procedure 4(d). (2) The Clerk shall prepare a summons form and send an official capacity service packet to the U.S. Marshals Service. The U.S. Marshals Service is directed to effectuate service of the Complaint and this Order on Dr. Francesco Lupis in his official capacity at the Office of the Attorney General, 165 Capitol Avenue, Hartford, CT 06106, by March 2, 2023 and to file a return of service by March 16, 2023. (3) The Clerk shall mail a courtesy copy of the Complaint and this Order to the DOC Office of Legal Affairs and the Office of the Attorney General. (4) Defendant shall file his response to the Complaint, either an answer or motion to dismiss, within sixty (60) days from the date the notice of lawsuit and waiver of service of summons forms are mailed to him. If Defendant chooses to file an answer, he shall admit or deny the allegations and respond to the cognizable claim recited above. Defendant may also include any and all additional defenses permitted by the Federal Rules. (5) Discovery, according to Federal Rules of Civil Procedure 26-37, shall be completed by September 3, 2023. (6) The parties must comply with the District of Connecticut "Standing Order Re: Initial Discovery Disclosures," which will be sent to both parties by the Court. (7) All motions for summary judgment shall be filed by October 3, 2023. (8) According to Local Civil Rule 7(a), a nonmoving party must respond to a dispositive motion within twenty-one (21) days of the date the motion was filed. If no response is filed, or the response is not timely, the dispositive motion can be granted absent objection. (9) If Plaintiff changes his address at any time during the litigation of this case, Local Court Rule 83.1(c)2 provides that he MUST notify the Court. Failure to do so can result in the dismissal of the case. Plaintiff must give notice of a new address even if he is incarcerated. He should write "PLEASE NOTE MY NEW ADDRESS" on the notice. It is not enough to just put the new address on a letter without indicating that it is a new address. If Plaintiff has more than one pending case, he should indicate all of the case numbers in the notification of change of address. He should also notify Defendant or defense counsel of his new address. (10) Plaintiff shall utilize the Prisoner E-filing Program when filing documents with the Court. Plaintiff is advised that the Program may be used only to file documents with the Court. Discovery requests shall not be filed with the Court, see D. Conn. L. Civ. R. 5(f), and must be served on Defendant's counsel by regular mail. SO ORDERED. Signed by Judge Kari A. Dooley on 2/2/2023. (Bernard, Hannah)
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Filing fee received from State of CT DOC f/b/o Milton Campbell: $ 402.00, receipt number BPT13476. (Imbriani, Susan)
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Filing 13
Letter from Milton Campbell dated 1/12/2023 Re: Filing Fee. (Fanelle, N.)
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Filing 12
ORDER granting #11 Motion for Extension of Time. Plaintiff's failure to pay the $402.00 filing fee by March 3, 2023 will result in the dismissal of this action without prejudice.Signed by Judge Kari A. Dooley on 1/24/2023. (Bernard, Hannah)
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Filing 11
MOTION for Extension of Time until 3/3/2023 to pay filing fee by Milton Campbell. (Fanelle, N.)
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Filing 10
EXHIBIT A by Milton Campbell re #5 Standing Protective Order. (Fanelle, N.)
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Filing 9
Letter from Milton Campbell dated 1/11/2023. (Fanelle, N.)
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Filing 8
ORDER denying #2 Motion for Leave to Proceed in forma pauperis. See attached. Plaintiff's failure to pay the $402.00 filing fee by February 3, 2023 will result in the dismissal of this action without prejudice. Signed by Judge Kari A. Dooley on 1/4/2023. (Bernard, Hannah)
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 12/27/2022. (Fanelle, N.)
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Filing 6
Prisoner E-Filing Standing Order on Prisoner Electronic Filing Program. Signed by Judge Janet C. Hall on 12/27/2022. (Fanelle, N.)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 12/27/2022. (Fanelle, N.)
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Filing 4
Notice: Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 7.1, any nongovernmental corporate party must electronically file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock or states that there is no such corporation. Such disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 12/27/2022.(Chartier, AnnMarie)
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Filing 3
Prisoner Trust Fund Account Statement by Milton Campbell. (Chartier, AnnMarie)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Milton Campbell. (Chartier, AnnMarie)
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Filing 1
COMPLAINT against Francesco Lupis, filed by Milton Campbell. (Attachments: #1 Envelope)(Chartier, AnnMarie)
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Judge Kari A. Dooley and Judge S. Dave Vatti added. Motions referred to S. Dave Vatti(Hushin, Z.)
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