Baltas v. Rivera et al
| Joe Baltas |
| Ernesteine Green, Scheaffer, Allison Black, Hector Rivera and Harris |
| 3:2019cv01043 |
| July 1, 2019 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 11
Standing Order re: Initial Discovery Disclosures Signed by Judge Stefan R Underhill on 08/22/2019. (Peterson, M)
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Filing 10
ORDER. For the reasons set forth in the attached, the Court enters the following orders:(1)The federal claims for conspiracy, harassment, denial of access to the grievance process, any Fourth Amendment claim, the claims for FOIA violations, the state tort claim for spoliation of evidence, and the request for federal investigation and prejudgment remedy are DISMISSED pursuant to 28 U.S.C. 1915A(b)(1). The case will proceed against all defendants on the remaining claims set forth in the attached. (2)The plaintiff's #3 motion for prejudgment remedy is DENIED without prejudice. (3)The plaintiff's #7 motion for extension of time to submit a corrected motion to proceed in forma pauperis is DENIED as moot.(4)The Clerk shall contact the Department of Correction Office of Legal Affairs to ascertain the service or current work address for defendants Rivera, Harris, Scheaffer, Green, and Black, mail a waiver of service of process request packet containing the Complaint to them at the addresses provided within twenty-one (21) days of this Order, and report to the court on the status of the 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).(5)The Clerk shall send the plaintiff a copy of this Order.(6)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.(7) The defendants shall file their response to the complaint, either an answer or motion to dismiss, within sixty (60) days from the date the waiver form is sent. If they choose to file an answer, they shall admit or deny the allegations and respond to the cognizable claims recited in the attached. They also may include all additional defenses permitted by the Federal Rules.(8)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.(9) All motions for summary judgment shall be filed within eight months (240 days) from the date of this order.(10)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.(11)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 may 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. (12)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.(13)The Clerk shall immediately enter the Standing Order Re: Initial Disclosures concerning cases initiated by self-represented inmates and shall send a copy to the plaintiff. Signed by Judge Michael P. Shea on 8/21/2019. (Hausmann, Amy)
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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 7/25/2019. (Payton, R.)
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| Filing 8 Second MOTION for Leave to Proceed in forma pauperis by Joe Baltas. (Attachments: #1 Envelope)(Reis, Julia) |
| Filing 7 MOTION for Extension of Time to File Corrected Prisoner IFP Application Pursuant to 6 Notice to petitioner re: Insufficiency, by Joe Baltas. (Attachments: #1 Envelope)(Reis, Julia) |
| Filing 6 Notice to petitioner re: Insufficiency #2 MOTION for Leave to Proceed in forma pauperis. You must submit the attached Prisoner's IFP application which is being sent to you via. U.S. mail If insufficiency not corrected Dismissal due by 8/5/2019 Signed by Judge William I. Garfinkel on 7/15/2019.(Payton, R.) |
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 07/01/2019.(Murphy, Tatihana)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 07/01/2019.(Murphy, Tatihana)
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| Filing 3 PRISCS MOTION for Prejudgment Remedy by Joe Baltas. (Attachments: #1 Notice, #2 Proposed Order)(Murphy, Tatihana) (Additional attachment(s) added on 7/3/2019: #3 Writ, Summons and Direction for Attachment) (Murphy, Tatihana). |
| Filing 2 PRISCS MOTION for Leave to Proceed in forma pauperis by Joe Baltas. (Attachments: #1 Declaration)(Murphy, Tatihana) |
| Filing 1 PRISCS COMPLAINT against Allison Black, Ernesteine Green, Harris, Hector Rivera, Scheaffer, filed by Joe Baltas. (Attachments: #1 Envelope)(Murphy, Tatihana) |
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