Buhl v. Grady et al
Paul D. Buhl |
Liberty Bank, Federal National Mortgage Association and William D. Grady |
3:2019cv01536 |
September 27, 2019 |
US District Court for the District of Connecticut |
Kari A Dooley |
Sarah A L Merriam |
Civil Rights: Other |
42 U.S.C. ยง 1983 |
Plaintiff |
Docket Report
This docket was last retrieved on October 22, 2019. A more recent docket listing may be available from PACER.
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Filing 9 RECOMMENDED RULING. The Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED, without prejudice to re-filing. Plaintiff has filed a motion seeking to proceed without payment of fees and costs, which motion includes a sworn statement as to plaintiff's current financial circumstances. See Doc. #2 . He asserts that he is unable to afford to pay fees and costs. See id. at 1. However, plaintiff indicates that his spouse earns $10,616.00 per month. See id. at 2. Plaintiff does not list any monthly expenses, rendering the Court unable to assess plaintiff's practical ability to pay fees and costs. See id. "The purpose of 28 U.S.C. 1915 is to insure that litigants will not be deprived of access to the judicial system because of their financial circumstances. If the plaintiff is supported by [his] spouse, and [his] spouse is financially able to pay the costs of this [action], it follows that the plaintiff's own lack of funds will not prevent [him] from gaining access to the courts. Where funds to pursue an [action] are readily available to a plaintiff, [he] should not be permitted to maintain an [action] at the taxpayers' expense." Monti v. McKeon, 600 F. Supp. 112, 114 (D. Conn. 1984), aff'd, 788 F.2d 1 (2d Cir. 1985) (citation omitted). Accordingly, the Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED, without prejudice to re-filing. Plaintiff shall file a renewed application, or pay the required filing fee, on or before November 12, 2019, or this case may be dismissed. If plaintiff chooses to file a renewed application he must complete all of the required information, including any monthly expenses or any other information that is pertinent to his financial status. This is a Recommended Ruling. Plaintiff is not required to object to this ruling. However, if plaintiff objects to this Recommended Ruling, he must file any objection with the Clerk of the Court on or before November 12, 2019. See D. Conn. L. Civ. R. 72.2(a). Failure to object by this deadline will preclude appellate review of the Recommended Ruling. See Fed. R. Civ. P. 72(b)(2); 28 U.S.C. 636(b)(1); FDIC v. Hillcrest Assocs., 66 F.3d 566, 569 (2d Cir. 1995). It is so ordered. Signed by Judge Sarah A. L. Merriam on 10/22/2019. (Spangenburg, S.) |
Filing 8 ORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam for Ruling on motion including #2 MOTION for Leave to Proceed in forma pauperis and for review of the complaint pursuant to 28 U.S.C. 1915. Signed by Judge Kari A. Dooley on 10/21/2019.Motion referred to Sarah A. L. Merriam(Gould, K.) |
Filing 7 ORDER OF TRANSFER. Case reassigned to Judge Kari A. Dooley for all further proceedings. Signed by Judge Michael P. Shea on 10/2/19.(Johnson, D.) |
Filing 6 ORDER: The Clerk is directed to TRANSFER this case to Judge Kari A. Dooley. Signed by Judge Michael P. Shea on 10/2/2019. (Ram, Megha) |
Request for Clerk to issue summons as to Federal National Mortgage Association, William D. Grady, Liberty Bank. (Peterson, M) |
Filing 5 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 09/27/2019. (Peterson, M) |
Filing 4 STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 09/27/2019. (Peterson, M) |
Filing 3 Order on Pretrial Deadlines: Amended Pleadings due by 11/26/2019. Discovery due by 3/28/2020. Dispositive Motions due by 5/2/2020. Signed by Clerk on 09/27/2019. (Peterson, M) |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Paul D. Buhl. (Peterson, M) |
Filing 1 COMPLAINT against Federal National Mortgage Association, William D. Grady, Liberty Bank, filed by Paul D. Buhl. (Attachments: #1 Civil Cover Sheet) (Peterson, M) |
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