Swaggerty v. Public Works
| Mark Swaggerty |
| Dept of Public Works |
| 3:2018cv01302 |
| August 6, 2018 |
| US District Court for the District of Connecticut |
| New Haven Office |
| Hartford |
| Michael P Shea |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 22, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 RESPONSE re 8 Order to Show Cause filed by Mark Swaggerty. (Peterson, M) |
Filing 8
ORDER TO SHOW CAUSE. The Court is in receipt of Plaintiff's #1 Complaint. The Complaint appears to fail to state a claim against Defendant Department of Public Works. Federal Rule of Civil Procedure 8(a) requires a complaint to contain "a short and plain statement of the claim showing that the pleader is entitled to relief...." Fed. R. Civ. P. 8(a)(2). While the Court must construe a pro se complaint liberally, see, e.g., Weinstein v. Albright, 261 F.3d 127, 132 (2d Cir. 2001), the Court may dismiss a complaint that is "confused, ambiguous, vague, or otherwise unintelligible." Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir. 1988). The Court finds that the complaint, as currently constituted, is unintelligible as to the claim Plaintiff asserts and the relief Plaintiff seeks. Further, it is not clear that the "Department of Public Works" is a freestanding legal entity that has the capacity to be sued. By August 30, 2018, Mr. Swaggerty must either file a document with the court showing why the complaint, as currently constituted, should not be dismissed for failure to state a claim, or, in the alternative, file an amended complaint that names a proper defendant and contains a short and plain statement of his claim, any factual allegations supporting his claim, and the relief he seeks. If Mr. Swaggerty does not respond to this order, the case will be dismissed. Signed by Judge Michael P. Shea on 8/9/2018. (Taykhman, N.)
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| Set Deadlines/Hearings: Show Cause Response due by 8/30/2018 (Johnson, D.) |
| Filing 7 Notice re Initial Discovery Protocols Signed by Clerk on 08/06/2018. (Attachments: #1 Discovery Attachment) (Peterson, M) |
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 08/06/2018. (Peterson, M)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 08/06/2018. (Peterson, M)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 10/5/2018. Discovery due by 2/5/2019. Dispositive Motions due by 3/12/2019. Signed by Clerk on 08/06/2018. (Peterson, M)
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| Filing 3 Consent to Electronic Notice by Self-Represented Litigant by Mark Swaggerty (Peterson, M) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Mark Swaggerty. (Peterson, M) |
| Filing 1 COMPLAINT against Dept of Public Works, filed by Mark Swaggerty. (Peterson, M) |
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| Defendant: Dept of Public Works | |
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| Plaintiff: Mark Swaggerty | |
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