Cooke v. Jones et al
| Ian Cooke |
| Kim Jones, Denise Dilworth, Scott Semple, Steven Strom and Rollin Cook |
| 3:2019cv00065 |
| January 14, 2019 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 16 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Kim Jones* with answer to complaint due within *21* days. *Ian Cooke #340812* *GARNER CORRECTIONAL INSTITUTION* *50 Nunnawauk Rd, P.O. Box 5500,* *Newtown, CT 06470*., USM 285 forms together with Summons, Complaint, Initial review Order, Motion #11 , all reviewed and sent to USM for service on defendant.(Marshals Return of Service on Summons due by 4/3/2019) (Murphy, Tatihana) |
Filing 15
Standing Order re: Initial Discovery Disclosures. Signed by Judge Stefan R Underhill on 03/14/2019.(Murphy, Tatihana)
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| Filing 14 MOTION for copy of #12 order. by Ian Cooke. (Murphy, Tatihana) |
| Filing 13 MOTION for Extension of Time until 4/4/2019 to file motions for leave to amend the complaint, by Ian Cooke. (Murphy, Tatihana) |
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Filing 12
INITIAL REVIEW ORDER. For the reasons set forth in the attached, the plaintiff's #7 motion to substitute parties is GRANTED. All claims against defendants Semple and Strom and the claim against defendants Jones and Dilworth for denial of access to courts are DISMISSED pursuant to 28 U.S.C. 1915A(b)(1). As defendant Cook was named only for the denial of access to courts and equal protection claims, he is DISMISSED as a defendant. The case will proceed on the retaliation claims against defendants Jones and Dilworth. The Court enters the following orders: (1) The Clerk shall contact the Department of Correction Office of Legal Affairs to ascertain the service or current work address for defendants Jones and Dilworth, mail a waiver of service of process request packet containing the Amended Complaint and the plaintiff's recently filed Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 11) to each defendant at the address provided within twenty-one (21) days of this Order, and report to the court on the status of those waiver requests on the thirty-fifth 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).(2)The Clerk shall prepare a summons form and send an official capacity service packet (including the plaintiff's recently filed Motion for Temporary Restraining Order and Preliminary Injunction) to the U.S. Marshal Service. The U.S. Marshal is directed to effect service of the Amended Complaint and the Motion for Temporary Restraining Order and Preliminary Injunction on defendant Jones in her official capacity 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 file a return of service within thirty (30) days from the date of this order.(3)The Clerk shall send the plaintiff a copy of this Order.(4)The Clerk shall send a courtesy copy of the Amended Complaint, this Order, and plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction to the Connecticut Attorney General and the Department of Correction Office of Legal Affairs.(5) The defendants shall file their response to the amended complaint, either an answer or motion to dismiss, and a response to plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction within sixty (60) days from the date the waiver forms are sent. If they choose to file an answer, they shall admit or deny the allegations and respond to the cognizable claim recited above. They also may include all additional defenses permitted by the Federal Rules.(6) Discovery, pursuant to Federal Rules of Civil Procedure 26 through 37, shall 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 motion can be granted absent objection.(9) If the plaintiff changes his address at any time during the litigation of this case, Local Court Rule 83.1(c)2 provides that the plaintiff MUST notify the court. Failure to do so can result in the dismissal of the case. The plaintiff must give notice of a new address even if he is incarcerated. The plaintiff should write PLEASE NOTE MY NEW ADDRESS on the notice. It is not enough to just put the new address on a letter without indicating that it is a new address. If the plaintiff has more than one pending case, he should indicate all of the case numbers in the notification of change of address. The plaintiff should also notify the defendant or the attorney for the defendant of his new address. (10) The plaintiff shall utilize the Prisoner Efiling Program when filing documents with the court. The plaintiff is advised that the Program may be used only to file documents with the court. Local court rules provide that discovery requests are not filed with the court. D. Conn. L. Civ. R. 5(f). Therefore, discovery requests must be served on defendants counsel by regular mail.Signed by Judge Michael P. Shea on 2/21/2019. (Barclay, Michael)
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| Filing 11 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction (Responses due by 3/13/2019, ) by Ian Cooke. (Attachments: #1 Attachment 1, #2 Memorandum in Support, #3 Declaration)(Murphy, Tatihana) |
| Filing 10 AMENDED COMPLAINT against Rollin Cook, Denise Dilworth, Kim Jones, Scott Semple, Steven Strom, filed by Ian Cooke.(Payton, R.) |
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Filing 9
ORDER denying #2 Motion for Leave to Proceed in forma pauperis; granting #8 Motion for Leave to Proceed in forma pauperis. If you change your address at any time during the litigation of this case, Local Rule 83.1(c)2 provides that you notify the court. Failure to do so can result in the dismissal of your case. Signed by Judge William I. Garfinkel on 1/24/2019. (Payton, R.)
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| Filing 8 MOTION for Leave to Proceed in forma pauperis by Ian Cooke. (Payton, R.) |
| Filing 7 MOTION for Order to Substitute Party by Ian Cooke. (Payton, R.) |
| Filing 6 Notice to petitioner re: Insufficiency #2 MOTION for Leave to Proceed in Forma Pauperis. Although you have sworn under penalty of perjury that the responses in the IFP application are truthful, the responses in question 6 do not accurately reflect the deposits shown on your Inmate Account Statement. Please file a new IFP application. If insufficiency not corrected Dismissal due by 2/9/2019 Signed by Judge William I. Garfinkel on 1/18/2019.(Payton, R.) |
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Filing 5
PRISCS - STANDING ORDER ON PRISONER ELECTRONIC FILING PROGRAM Signed by Judge Janet C. Hall on 1/14/2019.(Fazekas, J.)
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Filing 4
PRISCS - STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 1/14/2019.(Fazekas, J.)
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Filing 3
PRISCS - ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 1/14/2019.(Fazekas, J.)
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| Filing 2 PRISCS - MOTION for Leave to Proceed in forma pauperis by Ian Cooke. (Fazekas, J.) |
| Filing 1 PRISCS - COMPLAINT against Denise Dilworth, Kim Jones, Scott Semple, Steven Strom, filed by Ian Cooke.(Fazekas, J.) |
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