Sherman v. Corcella et al
| Melvin Frank Sherman |
| Carla Ocampo, Kara Phillips, Anthony Corcella, Ashraf Mahbooh, Ballaro, Diaz, Janine Brennan, Micheal J. McDonald, Sagon, Donna L. Adams-Conahan, Griggs and Dawn Lee |
| 3:2019cv01889 |
| November 27, 2019 |
| US District Court for the District of Connecticut |
| Charles S Haight |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 13
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 1/6/2020. (Payton, R.)
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| Filing 10 Ledger Sheet by Melvin Frank Sherman re #2 MOTION for Leave to Proceed in forma pauperis. (Nuzzi, Tiffany) |
| Filing 9 Ledger Sheet by Melvin Frank Sherman re #2 MOTION for Leave to Proceed in forma pauperis. (Nuzzi, Tiffany) |
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Filing 8
ELECTRONIC ORDER denying without prejudice #7 Plaintiff's Motion for a Temporary Restraining Order and/or Preliminary Injunction. Based on alleged indigency, Plaintiff, a pro se prisoner, has filed a #2 Motion for Leave to Proceed In Forma Pauperis ["IFP"], seeking leave to file his complaint without pre-payment of the filing fee pursuant to 28 U.S.C. 1915. However, upon review of Plaintiff's #2 IFP Motion, Magistrate Judge Garfinkel advised Plaintiff by "Notice" [Doc. 6] that he has failed to submit the mandatory "Ledger Sheet showing the past six months transactions" in his Department of Correction Inmate Trust Fund, and that if he does not provide said Ledger Sheet by January 9, 2020, his action will be dismissed. See 28 U.S.C. 1915(a)(2). Because the case may not proceed until either (1) the $400 filing fee is paid or (2) Plaintiff is granted in forma pauperis status, his pending #7 Motion for a Temporary Restraining Order and/or Preliminary Injunction is premature so is DENIED WITHOUT PREJUDICE to renewal. If Plaintiff is granted IFP status, the Court will soon thereafter issue an "Initial Review Order" ("IRO") pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A, which will resolve whether Plaintiff's complaint states any claim upon which relief may be granted. Per 1915A, at the inception of "a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity," the Court must dismiss any claim that is "frivolous, malicious, or fails to state a claim upon which relief may be granted" or "seeks monetary relief from a defendant who is immune from such relief." See also 28 U.S.C. 1915(e)(2)(B) (mandating dismissal of an IFP case "if the court determines that[, inter alia,] -- the action... is frivolous or malicious" or "fails to state a claim on which relief may be granted"). Plaintiff is advised that he may not recover injunctive relief unless that relief relates to a plausible claim set forth in the complaint. See De Beers Consol. Mines Ltd. v. United States, 325 U.S. 212, 220 (1945). Therefore, if Plaintiff is granted IFP status and wishes to request injunctive relief, he should file his motion for such relief after the Court's issuance of the IRO so that Plaintiff will know which, if any, claims may proceed in the action. Signed by Judge Charles S. Haight, Jr. on January 2, 2020. (Dorais, L.)
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| Filing 12 Prisoner Trust Fund Account Statement by Melvin Frank Sherman. (Payton, R.) |
| Filing 11 AFFIDAVIT Signed By Melvin Frank Sherman filed by Melvin Frank Sherman. (Payton, R.) |
| Filing 7 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction (Responses due by 1/10/2020, ) by Melvin Frank Sherman. (Attachments: #1 Memorandum in Support)(Payton, R.) |
| Filing 6 Notice to petitioner re: Insufficiency #2 Ledger Sheet. You must submit a Ledger Sheet showing the past six months transactions. If insufficiency not corrected Dismissal due by 1/9/2020 Signed by Judge William I. Garfinkel on 12/19/2019.(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 Charles S. Haight, Jr on 11/27/2019.(Pipech, L.)
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Filing 4
Prisoner E-Filing Standing Order on Prisoner Electronic Filing Program. Signed by Judge Janet C. Hall on 11/27/2019.(Pipech, L.)
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| Filing 3 PRISCS - MOTION to participate in electronic filing by Melvin Frank Sherman. (Pipech, L.) |
| Filing 2 PRISCS - MOTION for Leave to Proceed in forma pauperis by Melvin Frank Sherman. (Pipech, L.) |
| Filing 1 PRISCS - COMPLAINT against Donna L. Adams-Conahan, Ballaro, Janine Brennan, Anthony Corcella, Diaz, Griggs, Dawn Lee, Ashraf Mahbooh, Micheal J. McDonald, Carla Ocampo, Kara Phillips, Sagon, filed by Melvin Frank Sherman. (Attachments: #1 Claim for Relief, #2 Order to Show Cause, #3 Declaration in Support, #4 Memorandum in Support, #5 Exhibit A, #6 Exhibit B, #7 Attachment 1, #8 Attachment 2, #9 Envelope 1, #10 Envelope 2, #11 Envelope 3)(Pipech, L.) |
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