Howard v. Connecticut
Plaintiff: Caroline Beverly Howard
Defendant: State of Connecticut
Case Number: 3:2019cv01040
Filed: July 1, 2019
Court: US District Court for the District of Connecticut
Presiding Judge: Vanessa L Bryant
Nature of Suit: Civil Rights: Other
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 23, 2019 Opinion or Order Filing 9 ORDER DISMISSING CASE. Plaintiff has failed to establish this Court's jurisdiction. She has failed to establish diversity jurisdiction because an action is not removable on the basis of diversity jurisdiction if any properly joined and served defendant is a citizen of the state in which the plaintiff brought the action. 28 U.S.C. 1441(b)(2). Plaintiff's Motion for Leave to Proceed in forma pauperis states Plaintiff resides in Connecticut, owns property in Connecticut, and has a telephone with a Connecticut area code. In addition, Plaintiff has not established federal question jurisdiction because federal question jurisdiction exists when the cause of action arises under the Constitution, laws, or treaties of the United States. 28 U.S.C. 1331. To determine whether a claim arises under federal law, we apply the well-pleaded complaint doctrine. Merrell Dow Pharm. Inc. v. Thompson, 478 U.S. 804, 808 (1986). A defense that raises a federal question, however, will not confer federal jurisdiction. See id. Plaintiff has not filed the complaint in the state action, and therefore she has not established federal question jurisdiction. Finally, Plaintiff's removal is procedurally flawed. She failed to comply with 28 U.S.C. 1446(a) which requires defendants seeking removal to file "a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action." For the foregoing reasons, the case is dismissed without prejudice to Plaintiff filing a revised notice of removal establishing the Courts jurisdiction and satisfying the procedural prerequisites to removal. The Clerk is directed to close this case. Signed by Judge Vanessa L. Bryant on 7/23/2019. (Lindberg, Christina)
July 23, 2019 Opinion or Order Filing 8 ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Signed by Judge Vanessa L. Bryant on 7-23-19.(Bryant, Vanessa)
July 1, 2019 Opinion or Order Filing 7 ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 7/1/2019. (Velez, F.)
July 1, 2019 Opinion or Order Filing 6 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 7/1/2019. (Velez, F.)
July 1, 2019 Opinion or Order Filing 5 STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 7/1/2019. (Velez, F.)
July 1, 2019 Opinion or Order Filing 4 Order on Pretrial Deadlines: Amended Pleadings due by 8/30/2019; Discovery due by 12/31/2019; Dispositive Motions due by 2/4/2020. Signed by Clerk on 7/1/2019. (Velez, F.)
July 1, 2019 Filing 3 MOTION for Leave to Proceed in forma pauperis, by Caroline Beverly Howard. (Velez, F.)
July 1, 2019 Filing 2 Notice of Motion and Motion to Intervene with Injunction, by Caroline Beverly Howard. (Attachments: #1 Exhibit A, #2 Exhibit B-D). (Velez, F.)
July 1, 2019 Filing 1 NOTICE OF REMOVAL by Caroline Beverly Howard from Connecticut Judicial Branch Manchester Geographical Area 12, case number H12M-MV19-0470593-S, filed by Caroline Beverly Howard. (Velez, F.)

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Plaintiff: Caroline Beverly Howard
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Defendant: State of Connecticut
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