Linarte v. Furey
Plaintiff: Frank Linarte
Defendant: Richard Furey
Case Number: 3:2019cv00435
Filed: March 25, 2019
Court: US District Court for the District of Connecticut
Presiding Judge: Michael P Shea
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 4, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 14, 2019 Filing 16 AMENDED COMPLAINT against Richard Furey, filed by Frank Linarte. (Peterson, M)
June 13, 2019 Opinion or Order Filing 15 ORDER. Plaintiff's #14 motion for leave to file the amended complaint is GRANTED under Fed. R. Civ. P. 15(a)(1)(B). The [14-1] complaint shall be treated as the operative complaint. Signed by Judge Michael P. Shea on 6/13/2019. (Barclay, Michael)
May 29, 2019 Filing 14 MOTION for Leave to File Amended Complaint by Frank Linarte.Responses due by 6/19/2019 (Attachments: #1 Amended Complaint) (Peterson, M)
May 22, 2019 Filing 13 NOTICE of Appearance by Lisamaria Proscino on behalf of Richard Furey (Proscino, Lisamaria)
May 16, 2019 Filing 12 SUMMONS Returned Executed Richard Furey c/o Attorney General served on 5/15/2019, answer due 6/4/2019. (Pesta, J.)
April 29, 2019 Filing 11 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Richard Furey* with answer to complaint due within *21* days. Attorney *Frank Linarte #319784* *OSBORN CORRECTIONAL INSTITUTION* *335 Bilton Road* *Somers, CT 06071*., 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 5/19/2019) (Murphy, Tatihana)
April 26, 2019 Opinion or Order Filing 10 Standing Order re: Initial Discovery Disclosures. Signed by Judge Stefan R Underhill on 04/26/2019.(Murphy, Tatihana)
April 16, 2019 Opinion or Order Filing 9 INITIAL REVIEW ORDER. For the reasons set forth in the attached, plaintiff's claim for untimely grievance response is DISMISSED pursuant to 28 U.S.C. 1915A(b)(1). The case will proceed on the deliberate indifference claim against defendant Furey.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 defendant Richard Furey, mail a waiver of service of process request packet containing the Complaint to him at the address provided within twenty-one (21) days of this Order, and report to the court on the status of the waiver request on the thirty-fifth day after mailing. If the defendant fails to return the waiver request, the Clerk shall make arrangements for in-person service by the U.S. Marshals Service on him in his 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 to the U.S. Marshal Service. The U.S. Marshal is directed to effect service of the Complaint on defendant Furey in his 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 Complaint and this Order to the Connecticut Attorney General and the Department of Correction Office of Legal Affairs.(5) The defendant shall file his response to the complaint, either an answer or motion to dismiss, within sixty (60) days from the date the waiver form is sent. If he chooses to file an answer, he shall admit or deny the allegations and respond to the cognizable claim recited above. He 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 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 4/16/2019. (Barclay, Michael)
April 10, 2019 Opinion or Order Filing 8 ORDER granting #7 Motion for Leave to Proceed in forma pauperis; denying #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 4/10/2019. (Payton, R.)
April 8, 2019 Filing 7 MOTION for Leave to Proceed in forma pauperis by Frank Linarte. (Payton, R.)
March 28, 2019 Filing 6 Notice to petitioner re: Insufficiency #2 MOTION for Leave to Proceed in Forma Pauperis. Although you have sworn under the penalty of perjury that the responses inf the IFP application are trughful, 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 4/19/2019 Signed by Judge William I. Garfinkel on 3/28/2019.(Payton, R.)
March 25, 2019 Opinion or Order Filing 5 STANDING ORDER ON PRISONER ELECTRONIC FILING PROGRAM Signed by Judge Janet C. Hall on 3/25/2019.(Fazekas, J.)
March 25, 2019 Opinion or Order Filing 4 STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 3/25/2019.(Fazekas, J.)
March 25, 2019 Opinion or Order Filing 3 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 3/25/2019.(Fazekas, J.)
March 25, 2019 Filing 2 PRISCS - MOTION for Leave to Proceed in forma pauperis by Frank Linarte. (Fazekas, J.)
March 25, 2019 Filing 1 PRISCS - COMPLAINT against Richard Furey, filed by Frank Linarte.(Fazekas, J.)

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Defendant: Richard Furey
Represented By: Lisamaria Proscino
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Plaintiff: Frank Linarte
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