Dusiewicz v. United States Army
| Brian Dusiewicz |
| United States Army |
| 3:2018cv01410 |
| August 20, 2018 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| P.I.: Other |
| None |
Docket Report
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Filing 9
ORDER. In light of the 8 order dismissing this case, the plaintiff's motions for #3 appointment of counsel and #2 to proceed in forma pauperis are DENIED AS MOOT. Signed by Judge Michael P. Shea on 9/14/2018. (Guevremont, Nathan)
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Filing 8
ORDER. In light of the plaintiff's failure to respond to the Court's 7 order to show cause and the Court's conclusion that it lacks subject matter jurisdiction for the reasons described in that order, the complaint is hereby DISMISSED in its entirety. See Fed. R. Civ. P. 12(h)(3); Manway Const. Co. v. Hous. Auth. of City of Hartford, 711 F.2d 501, 503 (2d Cir. 1983) ("It is common ground that in our federal system of limited jurisdiction any party or the court sua sponte, at any stage of the proceedings, may raise the question of whether the court has subject matter jurisdiction; and, if it does not, dismissal is mandatory."). Signed by Judge Michael P. Shea on 9/14/2018. (Guevremont, Nathan)
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Filing 7
ORDER TO SHOW CAUSE. The Court has reviewed the complaint. Plaintiff does not appear to plead a proper basis for the Court's subject-matter jurisdiction over this case. Plaintiff asserts that jurisdiction is based on "assault" and "personal injury," but does not allege that the United States has waived its sovereign immunity over those tort claims. The Federal Tort Claims Act does not waive sovereign immunity for intentional torts. Millbrook v. United States, 569 U.S. 50, 52 (2013). Absent such a waiver, the Court is without jurisdiction to hear the case. United States v. Mitchell, 463 U.S. 206, 212 (1983) ("It is axiomatic that the United States may not be sued without its consent and that the existence of consent is a prerequisite for jurisdiction."). Furthermore, the Plaintiff does not appear to allege any federal claims, and the presence of the United States as a party destroys diversity. United States v. Dry Dock Sav. Inst., 149 F.2d 917, 918 (2d Cir. 1945) ("Obviously the United States is not a citizen of any state."). Therefore, by September 6, 2018, Plaintiff shall amend his complaint to allege a basis for this Courts subject-matter jurisdiction, see Fed. R. Civ. P. 8, or show cause why the complaint should not be dismissed. Signed by Judge Michael P. Shea on 8/23/2018. (Guevremont, Nathan)
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| Set Deadlines: Amended Complaint due by 9/6/2018 or Show Cause Response due by 9/6/2018 (Johnson, D.) |
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 8/20/2018.(Fazekas, J.)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 8/20/2018.(Fazekas, J.)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 10/19/2018. Discovery due by 2/19/2019. Dispositive Motions due by 3/26/2019. Signed by Clerk on 8/20/2018.(Fazekas, J.)
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| Filing 3 MOTION to Appoint Counsel by Brian Dusiewicz. (Fazekas, J.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Brian Dusiewicz. (Fazekas, J.) |
| Filing 1 COMPLAINT against United States Army, filed by Brian Dusiewicz.(Fazekas, J.) |
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| Plaintiff: Brian Dusiewicz | |
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| Defendant: United States Army | |
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