Durham v. Doe et al
| Kareem Jamar Durham |
| Jane Does, John Doe, Durant, Frank, Saas, Tardiff, Tung, John Does, T. Calland, Jane Doe, T. Callands, Susannah Tung, Amanda Hannah, Joyel, Jane & John Does and Denise Walker |
| 3:2019cv00190 |
| February 7, 2019 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 21
ORDER denying #20 Motion for Reconsideration. 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, 877 F.2d 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. As previously found, the present state of the record does not allow the Court to conclude that the Plaintiff's claims have "likely merit." The motion is denied anew without prejudice should the facts that develop through the litigation permit reassessment of this issue. Signed by Judge Kari A. Dooley on 4/1/19. (Dooley, Kari)
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Filing 19
ORDER: The Court's review of the amended complaint [#11] revealed that it is missing page 7. The clerk's office has confirmed that they never received the missing page. Therefore, the amended complaint [#11] is dismissed without prejudice and the motion to amend [#17] is denied as moot. Within thirty (30) days from the date of this Order, the plaintiff must file a second amended complaint with all pages intact. The second amended complaint should not be a supplement to the initial complaint [#1]. Rather, it should contain all of the allegations against the defendants, including the allegations contained in the initial complaint and the new officials the plaintiff seeks to add as a defendants. The defendants' deadline to file a responsive pleading is extended until twenty-one (21) days after the plaintiff files his second amended complaint. If the plaintiff does not file a second amended complaint within thirty (30) days from the date of this Order, the case will proceed on the initial complaint.Signed by Judge Kari A. Dooley on 3/28/19.(Dooley, Kari)
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| Filing 20 MOTION for Reconsideration re #3 MOTION to Appoint Counsel by Kareem Jamar Durham. (Fanelle, N.) |
| Filing 18 WAIVER OF SERVICE Returned Executed as to T. Callands waiver sent on 3/6/2019, answer due 5/5/2019 filed by Kareem Jamar Durham. (Fanelle, N.) |
| Filing 17 MOTION to Amend #11 Amended Complaint by Kareem Jamar Durham. Responses due by 4/15/2019. (Fanelle, N.) Modified on 3/29/2019 (Gould, K.). |
| Filing 16 WAIVER OF SERVICE Returned Executed as to Frank waiver sent on 3/6/2019, answer due 5/5/2019 filed by Kareem Jamar Durham. (Fanelle, N.) |
| Filing 15 NOTICE of Change of Address by Kareem Jamar Durham (Payton, R.) |
| Filing 14 Summons returned executed as to Frank, Durant, Tardiff, Saas, T. Calland and Tung c/o Attorney General, filed by Kareem Jamar Durham. (Barry, Donna) |
| Filing 13 WAIVER OF SERVICE Returned Executed as to Susannah Tung waiver sent on 3/6/2019, answer due 5/5/2019. filed by Kareem Jamar Durham. (Fanelle, N.) |
| Filing 12 NOTICE of Change of Address by Kareem Jamar Durham (Payton, R.) |
| Filing 11 AMENDED COMPLAINT against T. Callands, Durant, Frank, Saas, Tardiff, Tung, Denise Walker, Amanda Hannah, Joyel, Jane & John Does, filed by Kareem Jamar Durham.(Fanelle, N.) |
| Filing 10 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *T. Calland, Durant, Frank, Saas, Tardiff, Tung* with answer to complaint due within *21* days. *Kareem Jamar Durham #378505* *GARNER CORRECTIONAL INSTITUTION* *50 Nunnawauk Rd, P.O. Box 5500* *Newtown, CT 06470*. (Fanelle, N.) |
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Filing 9
STANDING ORDER re: Initial Discovery Disclosures Signed by Judge Stefan R Underhill on 3/6/2019. (Fanelle, N.)
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| USM 285 forms together with Summons, Complaint, Order granting IFP reviewed and sent to USM for service on defendant(s).Marshals Return of Service on Summons due by 3/26/2019. (Fanelle, N.) |
| REQUEST FOR WAIVER of Service sent to Frank, Durant, Tardiff, Saas, T. Calland and Tung on 3/6/2019 by Kareem Jamar Durham. Waiver of Service due by 4/10/2019. (Fanelle, N.) |
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Filing 8
INITIAL REVIEW ORDER and Order Denying #3 MOTION to Appoint Counsel. See Attached. Signed by Judge Kari A. Dooley on 2/21/19.(Dooley, Kari)
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Filing 7
ORDER granting #2 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 2/11/2019. (Payton, R.)
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Filing 6
PRISCS - STANDING ORDER ON PRISONER ELECTRONIC FILING PROGRAM Signed by Judge Janet C. Hall on 2/7/2019.(Fazekas, J.)
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Filing 5
PRISCS - STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 2/7/2019.(Fazekas, J.)
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Filing 4
PRISCS - ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 2/7/2019.(Fazekas, J.)
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| Filing 3 PRISCS - MOTION to Appoint Counsel by Kareem Jamar Durham. (Fazekas, J.) Modified on 3/5/2019 to terminate motion (Gould, K.). |
| Filing 2 PRISCS - MOTION for Leave to Proceed in forma pauperis by Kareem Jamar Durham. (Fazekas, J.) |
| Filing 1 PRISCS - COMPLAINT against All Defendants, filed by Kareem Jamar Durham.(Fazekas, J.) |
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