Dixon v. Santiago et al
| James Dixon |
| Santiago, Martin and John Doe |
| 3:2015cv01575 |
| October 28, 2015 |
| US District Court for the District of Connecticut |
| New Haven Office |
| New London |
| Jeffrey A. Meyer |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
13
AMENDED INITIAL REVIEW ORDER.(1) Plaintiffs complaint for money damages is DISMISSED on the ground that it fails to allege facts to plausibly show that any of the defendants violated a clearly established constitutional right about which a reason able correctional officer would have known. Plaintiffs complaint for declaratory and injunctive relief shall proceed.(2) The Clerk shall verify the current work address of defendants Santiago, Ogando, Martin, and Bellamare with the Department of Correction Office of Legal Affairs and mail a waiver of service of process request packet to each defendant at the confirmed address within twenty-one (21) days from the date of this Order. The Clerk shall report to the Court the status of tha t waiver request on the thirty-fifth (35th) day after mailing. If any defendant fails to return the waiver request, the Clerk shall make arrangements for in-person service by the U.S. Marshals Service on the defendant in his or her individual capacity and the defendant shall be required to pay the costs of such service in accordance with Federal Rule of Civil Procedure 4(d). (3) The Clerk shall prepare a summons form and send an official capacity service packet to the U.S. Marshals Se rvice. The U.S. Marshal is directed to effect service of the complaint on the defendants in their official capacities at the Office of the Attorney General, 55 Elm Street, Hartford, CT 06141, within twenty-one (21) days from the date of this o rder and to file a return of service within thirty (30) days from the date of this order. (4) The Clerk shall send a courtesy copy of the complaint and this Order to the Connecticut Attorney General and the Department of Correction Office of Lega l Affairs. (5) The defendants shall file their response to the complaint either an answer or a motion to dismiss within sixty (60) days from the date the waiver form is sent. If they choose to file an answer, they shall admit or deny the a llegations and respond to the cognizable claim recited above. They may also include any and all additional defenses permitted by the Federal Rules of Civil Procedure. (6) Discovery, pursuant to Federal Rules of Civil Procedure 26 through 37, shal l be completed within seven months (210 days) from the date of this Order. Discovery requests need not be filed with the court. (7) All motions for summary judgment shall be filed within eight months (240 days) from the date of this Order. (8) Pursuant 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 mot ion 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. It is so ordered. Signed by Judge Jeffrey A. Meyer on 12/30/2015. (Oakes, A.) Modified on 12/30/2015 (Nuzzi, T).
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Filing
10
INITIAL REVIEW ORDER. (1) Plaintiffs complaint for money damages is DISMISSED on the ground that it fails to allege facts to plausibly show that any of the defendants violated a clearly established constitutional right about which a reasonable co rrectional officer would have known. Plaintiffs complaint for declaratory and injunctive relief shall proceed. (2) The Clerk shall verify the current work address of defendants Santiago, Martin, and Bellamare with the Department of Correction Off ice of Legal Affairs and mail a waiver of service of process request packet to each defendant at the confirmed address within twenty-one (21) days from the date of this Order. The Clerk shall report to the Court the status of that waiver reque st on the thirty-fifth (35th) day after mailing. If any defendant fails to return the waiver request, the Clerk shall make arrangements for in-person service by the U.S. Marshals Service on the defendant in his or her individual capacity and t he defendant shall be required to pay the costs of such service in accordance with Federal Rule of Civil Procedure 4(d). (3) The Clerk shall prepare a summons form and send an official capacity service packet to the U.S. Marshals Service. The U.S . Marshal is directed to effect service of the complaint on the defendants in their official capacities at the Office of the Attorney General, 55 Elm Street, Hartford, CT 06141, within twenty-one (21) days from the date of this order and to fi le a return of service within thirty (30) days from the date of this order. (4) The Clerk shall send a courtesy copy of the complaint and this Order to the Connecticut Attorney General and the Department of Correction Office of Legal Affairs. (5) The defendants shall file their response to the complainteither an answer or a motion to dismisswithin sixty (60) days from the date the waiver form is sent. If they choose to file an answer, they shall admit or deny the allegations and r espond to the cognizable claim recited above. They may also include any and all additional defenses permitted by the Federal Rules of Civil Procedure. (6) Discovery, pursuant to Federal Rules of Civil Procedure 26 through 37, shall be completed w ithin seven months (210 days) from the date of this Order. Discovery requests need not be filed with the court. (7) All motions for summary judgment shall be filed within eight months (240 days) from the date of this Order. (8) Pursuant 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 grant ed 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. It is so ordered. Signed by Judge Jeffrey A. Meyer on 12/29/2015.(Oakes, A.)
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