Robbs v. McCrystal et al
| Robert F. Robbs |
| Gina Burns and Kevin McCrystal |
| 3:2018cv02150 |
| December 28, 2018 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| None |
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Filing 14
ORDER denying #2 Motion for Leave to Proceed in forma pauperis; denying #9 Motion for Leave to Proceed in forma pauperis and DISMISSING the case. The plaintiff, Robert F. Robbs (Robbs), seeks to proceed with this case in forma pauperis. On January 9, 2019, the Court issued a Notice of Insufficiency informing Robbs that he was required to complete the motion to proceed in forma pauperis and associated forms designed for use by prisoners and submit a copy of the entries to his inmate account for the six months preceding the filing of his complaint before the Court could consider his motion. ECF No. 7. In response to the Order, Robbs completed the form but submitted a copy of his inmate account statement from February 22, 2018 through September 18, 2018. Although Robbs stated, under penalty of perjury, on the application that he received no money from any source during the previous twelve months, ECF No. 9 at 2, the account statement reflects several deposits to his account. Id. at 7-8. Noting this discrepancy and the failure to provide an inmate account statement for the preceding six months, the Court issued a second Notice of Insufficiency. Robbs was informed that the case would be dismissed if he did not correct the deficiencies before February 18, 2019. ECF No. 10. In response to the second Order, Robbs filed a declaration in which he describes public assistance benefits he received before entering prison. Again, however, he states that he receives no money from any other source. Robbs attaches to his declaration the same copy of his inmate account statement that the Court previously informed him was not compliant with the Order. ECF No. 13. As Robbs has not submitted a copy of his inmate account statement for the previous six months, i.e., from June 28, 2018 through December 28, 2018, and has not explained or corrected his apparent false statements regarding money received during the past year, the motions to proceed in forma pauperis [ECF Nos. 2, 9] are DENIED and the complaint is DISMISSED without prejudice. Robbs may file a new complaint with an accurate application to proceed in forma pauperis which must include the required copy of his inmate account statement for the six months immediately preceding the filing of the complaint. The Clerk is directed to close this case.Signed by Judge Kari A. Dooley on 2/10/19. (Dooley, Kari)
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| Filing 13 Declaration in Support re #9 MOTION for Leave to Proceed in forma pauperis Signed By Robert F. Robbs filed by Robert F. Robbs. (Payton, R.) |
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Filing 12
ORDER denying #11 Motion to Appoint Counsel. The Court sees no basis upon which to revisit its prior determination that the appointment of counsel at this time is unwarranted. Signed by Judge Kari A. Dooley on 1/30/19. (Dooley, Kari)
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| Filing 11 MOTION to Appoint Counsel by Robert F. Robbs. (Payton, R.) |
| Filing 10 Notice to petitioner re: Insufficiency #9 MOTION for Leave to Proceed in forma pauperis. Although you have sworn under penalty of perjury the responses in the IFP application are truthful you have not explained the deposits to your inmate account regarding question 6. Please file a new IFP application along with a ledger showing the past six months transactions. If insufficiency not corrected Dismissal due by 2/18/2019 Signed by Judge William I. Garfinkel on 1/28/2019.(Payton, R.) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by Robert F. Robbs. (Fanelle, N.) |
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Filing 8
ORDER denying #3 Motion to Appoint Counsel. A plaintiff in a civil case is not entitled to appointment of counsel on request and the Second Circuit repeatedly cautions against the routine appointment of counsel. See, e.g., Hendricks v. Coughlin, 114 F.3d 390, 393 (2d Cir. 1997); Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989). Insofar as volunteer lawyer time is not always readily available, a plaintiff seeking appointment of counsel must show first that he sought counsel and has been unable to obtain it. McDonald v. Head Criminal Court Supervisor Officer, 850 F.2d 121, 123 (2d Cir. 1988). Once a plaintiff has made this showing, he must then demonstrate that his complaint passes the test of likely merit. Cooper, at 173. He must demonstrate that the claims in the complaint have a sufficient basis to justify appointing a volunteer lawyer to pursue them. Notably, even where a claim is not frivolous, counsel is often unwarranted where the [plaintiffs] chances of success are extremely slim. Id. at 171. Here, plaintiff indicates that he has attempted to secure counsel without success. However, the present state of the record does not allow the Court to conclude that his claims have likely merit. The Motion for Appointment of Counsel is therefore denied without prejudice should the facts that develop through the litigation permit reassessment of this issue. So Ordered.Signed by Judge Kari A. Dooley on 1/10/19. (Dooley, Kari)
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| Filing 7 Notice to petitioner re: Insufficiency #2 MOTION for Leave to Proceed in Forma Pauperis. You must submit the attached IFP application which is being sent to you via U.S. mail. If insufficiency not corrected Dismissal due by 1/30/2019 Signed by Judge William I. Garfinkel on 01/09/2019.(Payton, R.) Modified on 1/9/2019 (Payton, R.). |
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 12/28/2018.(Reis, Julia)
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Filing 5
E-Filing Standing Order on Prisoner Electronic Filing Program. Signed by Judge Janet C. Hall on 12/28/2018.(Reis, Julia)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 12/28/2018.(Reis, Julia)
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| Filing 3 PRISCS MOTION to Appoint Counsel by Robert F. Robbs. (Reis, Julia) |
| Filing 2 PRISCS MOTION for Leave to Proceed in forma pauperis by Robert F. Robbs. (Reis, Julia) |
| Filing 1 PRISCS COMPLAINT against Gina Burns, Kevin McCrystal, filed by Robert F. Robbs.(Reis, Julia) |
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