Chaney v. USA et al
| Carla Denise Chaney |
| Donald Trump and USA |
| Joshua James Johnson and Christopher Juan Chaney |
| 3:2018cv02019 |
| December 10, 2018 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Sarah A L Merriam |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 18
ORDER adopting 15 Recommended Ruling. The Court has reviewed the Recommended Ruling of Magistrate Judge Merriam concerning #2 Motion for Leave to Proceed In Forma Pauperis (the "Recommended Ruling"). The Recommended Ruling contains an accurate statement of the applicable law and a thoroughly reasoned analysis and application of that law to the circumstances presented here. The Recommended Ruling therefore is Accepted, Adopted, and So Ordered. In addition, the Plaintiff was ordered in the Recommended Ruling to "re-file her motion or pay the required filing fee on or before December 28, 2018." The Plaintiff was further warned that if she failed to re-file her motion or pay the required filing fee "this case may be dismissed." Despite this warning, the Plaintiff has not re-filed her motion to proceed in forma pauparis nor has she paid the required filing fee. The Plaintiff has also failed to file any objection to the Recommended Ruling, despite being advised by Magistrate Judge Merriam that she needed to file an objection within 14 days of being served with the Recommended Ruling. Accordingly, the Complaint is dismissed. The Clerk of the Court is directed to close this matter. Signed by Judge Kari A. Dooley on 1/2/2019. (Beyerlein, Alexis)
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Filing 17
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Kari A. Dooley on 12/17/2018.(Gould, K.)
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Filing 16
ORDER granting #4 Motion to Participate in Electronic Filing. Signed by Judge Kari A. Dooley on 12/17/2018. (Gould, K.)
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Filing 15
RECOMMENDED RULING. The Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED, without prejudice to re-filing. Plaintiff has filed a motion seeking to proceed without payment of fees and costs. See Doc. #2 . The financial affidavit attached to the motion is not signed under the penalties of perjury. See id. at 5. 28 U.S.C. 1915 provides that the Court "may authorize the commencement" of an action "without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such [person] possesses that the person is unable to pay such fees or give security therefor." 28 U.S.C. 1915(a)(1). The requirement of a sworn statement is an essential part of the statute. See, e.g., United States v. Copen, 378 F. Supp. 99, 103 (S.D.N.Y. 1974) (Leave to proceed in forma pauperis may be obtainable only upon submission by the party of an affidavit made as required by that statute.).Accordingly, the Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED, without prejudice to re-filing. Plaintiff shall re-file her motion or pay the required filing fee on or before December 28, 2018, or this case may be dismissed. If plaintiff chooses to re-file her motion she must complete all of the required information, and may not simply refer the Court to her "previously filed Civil Rights suits/motions." Doc. #2 at 3 (sic). Plaintiff must also sign and date the affidavit in the areas provided by that form.Additionally, the Court notes that attached to plaintiff's Complaint, which she inexplicably filed as an ex parte document, is a document which purports to set forth the "Nature of the Case." See Doc. #1 -1. That document appears to have been filed in at least two other cases brought by plaintiff in this District. See, e.g., id. at 6. Plaintiff is hereby placed on notice that if she is eventually granted leave to proceed in forma pauperis, the Court will review her complaint pursuant to 28 U.S.C. 1915. It appears that the instant case may be subject to dismissal under that statute for similar reasons that her prior cases were also dismissed. See, e.g., Chaney v. United States District Court, No. 15CV547(MPS), slip op. at Doc. #9 (D. Conn. March 15, 2016).This is a Recommended Ruling. Any objections to this Recommended Ruling must be filed with the Clerk of the Court within fourteen (14) days of being served with this order. See Fed. R. Civ. P. 72(b)(2). Failure to object within fourteen (14) days will preclude appellate review. See 28 U.S.C. 636(b)(1); Rules 72, 6(a) and 6(d) of the Federal Rules of Civil Procedure; D. Conn. L. Civ. R. 72.2; Small v. Secretary of H.H.S., 892 F.2d 15 (2d Cir. 1989) (per curiam); FDIC v. Hillcrest Assocs., 66 F.3d 566, 569 (2d Cir. 1995). It is so ordered. Signed by Judge Sarah A. L. Merriam on 12/13/2018. (Katz, S.)
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam for #2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge Kari A. Dooley on 12/12/2018. (Beyerlein, Alexis)
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Filing 13
STANDING PROTECTIVE ORDER. Signed by Judge Kari A. Dooley on 12/10/2018.(Bozek, M.)
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Filing 12
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Kari A. Dooley on 12/10/2018.(Bozek, M.)
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Filing 11
Order on Pretrial Deadlines: Amended Pleadings due by 2/8/2019. Discovery due by 6/11/2019. Dispositive Motions due by 7/16/2019. Signed by Clerk on 12/10/2018.(Bozek, M.)
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| Filing 10 FINANCIAL AFFIDAVIT by Joshua James Johnson. (Bozek, M.) |
| Filing 9 MOTION to Appoint Counsel by Joshua James Johnson. (Bozek, M.) |
| Filing 8 FINANCIAL AFFIDAVIT by Christopher Juan Chaney. (Bozek, M.) |
| Filing 7 MOTION to Appoint Counsel by Christopher Juan Chaney. (Bozek, M.) |
| Filing 6 FINANCIAL AFFIDAVIT by Carla Denise Chaney. (Bozek, M.) |
| Filing 5 MOTION to Appoint Counsel by Carla Denise Chaney. (Bozek, M.) |
| Filing 4 MOTION for Order to Participate in Electronic Filing by Carla Denise Chaney. (Bozek, M.) |
| Filing 3 Appearance Self Represented Party by Carla Denise Chaney. (Bozek, M.) |
| Filing 2 MOTION for Leave to Proceed In Forma Pauperis by Carla Denise Chaney. (Bozek, M.) |
| Filing 1 COMPLAINT against Donald Trump, USA, filed by Carla Denise Chaney. (Attachments: #1 Supplement, #2 Civil Cover Sheet)(Bozek, M.) |
| Request for Clerk to issue summons as to USA. (Bozek, M.) Modified on 12/12/2018 to correct file date (Bozek, M.). |
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