Lindsay v. University of Connecticut Health Center et al
| Kevin Lindsay |
| University of Connecticut Health Center, Corrigan Correction Staff, Omprakash Pillia and Corrigan Medical |
| 3:2020cv00173 |
| February 7, 2020 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 11, 2020. A more recent docket listing may be available from PACER.
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| Filing 21 MOTION to Request Relief by Kevin Lindsay. Responses due by 4/27/2020. (Fanelle, N.) |
Filing 20
ORDER denying #16 Motion for medical records. The Plaintiff may seek discovery in accordance with the Federal Rules of Civil Procedure if the Initial Disclosures do not contain the records he seeks.Signed by Judge Kari A. Dooley on 4/3/20. (Dooley, Kari)
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Filing 19
ORDER denying #17 Motion to pay medical bills. Construing the Plaintiffs motion as a request for preliminary injunction, indeed a mandatory injunction requiring the DOC to pay medical bills, the motion is denied. First, the request is wholly untethered to the pending litigation and the relief sought herein. This case involves claims of deliberate indifference to medical needs in violation of the Eighth Amendment against individual employees of the Department of Correction. There is no basis to order any of these individual defendants to pay the Plaintiffs medical bills. Second, the DOC is not a Defendant in this litigation, nor could it be, as any claims against it would be barred by the Eleventh Amendment. Quern v. Jordan, 440 U.S. 332, 342 (1979) (Section 1983 does not override a states Eleventh Amendment immunity). Simply because the Plaintiff has litigation pending before this Court, does not serve to immerse this Court in the day to day decisions of the Department of Correction regarding his incarceration. Indeed, the Supreme Court has cautioned against the judiciary taking on any such role. See Bell v. Wolfish, 441 U.S. 520, 54748, 99 S. Ct. 1861, 187879, 60 L. Ed. 2d 447 (1979). See also, Fisher v. Goord, 981 F. Supp. 140, 16768 (W.D.N.Y. 1997)(In the prison context, a request for injunctive relief must always be viewed with great caution so as not to immerse the federal judiciary in the management of state prisons.). So Ordered. Signed by Judge Kari A. Dooley on 4/3/20. (Dooley, Kari)
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Filing 18
ORDER denying #14 Motion to Appoint Counsel. A plaintiff in a civil case is not entitled to appointment of counsel on request and the Second Circuit repeatedly cautions against the routine appointment of counsel. See, e.g., Hendricks v. Coughlin, 114 F.3d 390, 393 (2d Cir. 1997); Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989). Insofar as volunteer lawyer time is not readily available, a plaintiff seeking appointment of counsel must show first that he "sought counsel and has been unable to obtain it." McDonald v. Head Criminal Court Supervisor Officer, 850 F.2d 121, 123 (2d Cir. 1988). Once a plaintiff has made this showing, he must then demonstrate that his complaint passes the test of "likely merit." Cooper, 877 F.2d at 173. He must demonstrate that the claims in the complaint have a sufficient basis to justify appointing a volunteer lawyer to pursue them. Notably, "even where a claim is not frivolous, counsel is often unwarranted where the [plaintiffs] chances of success are extremely slim." Id. at 171. Here, the Plaintiff indicates that he has contacted counsel without success. However, the present state of the record does not allow the Court to conclude that his claims have "likely merit." The Motion for Appointment of Counsel is therefore denied without prejudice should the facts that develop through the litigation permit reassessment of this issue. So Ordered. Signed by Judge Kari A. Dooley on 4/3/20. (Dooley, Kari)
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| Filing 17 MOTION Requesting Payment of Unpaid Medical Bills by Kevin Lindsay. Responses due by 4/23/2020. (Fanelle, N.) |
| Filing 16 MOTION for Medical Records by Kevin Lindsay. Responses due by 4/6/2020. (Fanelle, N.) |
| Filing 15 MOTION for Rule 15 Amended and Supplemental Pleadings by Kevin Lindsay. Responses due by 3/27/2020. (Fanelle, N.) |
| Filing 14 MOTION for Request for Legal Counsel by Kevin Lindsay. (Attachments: #1 Attachment)(Fanelle, N.) |
| Filing 12 NOTICE by Corrigan Correction Staff re #9 Initial Review Order - Prisoner,, (Donohue, James) |
| Filing 11 NOTICE of Appearance by James W. Donohue on behalf of Corrigan Correction Staff in their Official Capacity (Donohue, James) |
| Filing 13 MOTION to Amend #1 Complaint by Kevin Lindsay. Responses due by 3/20/2020 (Attachments: #1 Amended Complaint)(Fanelle, N.) |
| Filing 10 NOTICE of Acknowledgment by Kevin Lindsay Re: #5 Standing Protective Order. (Fanelle, N.) |
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Filing 9
INITIAL REVIEW ORDER - The claims against defendants University of Connecticut Health Center, Corrigan Medical, and Dr. Pillai are dismissed. If the Plaintiff wants the case to proceed, Lindsay must file an Amended Complaint regarding his medical treatment at Corrigan on or before March 20, 2020. Failure to timely file the Amended Complaint will result in the dismissal of this case without further notice from the court. #7 Motion for Preliminary Injunction is denied without prejudice. See attached Order. Signed by Judge Kari A. Dooley on 2/18/2020.(Gould, K.)
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| Set Deadline: Amended Pleadings due by 3/20/2020 (Gould, K.) |
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Filing 8
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 2/12/20. (Payton, R.)
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| Filing 7 MOTION for Preliminary Injunction by Kevin Lindsay. Responses due by 3/3/2020. (Fanelle, N.) Modified on 4/6/2020 (Gould, K.). |
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Filing 6
STANDING ORDER ON PRISONER ELECTRONIC FILING PROGRAM Signed by Judge Janet C. Hall on 02/07/2020.(Fazekas, J.)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 02/07/2020.(Fazekas, J.)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 02/07/2020.(Fazekas, J.)
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| Filing 3 PRISCS - Prisoner Trust Fund Account Statement by Kevin Lindsay. (Fazekas, J.) |
| Filing 2 PRISCS - MOTION for Leave to Proceed in forma pauperis by Kevin Lindsay. (Fazekas, J.) |
| Filing 1 PRISCS - COMPLAINT against Corrigan Correction Staff, Corrigan Medical, Omprakash Pillia, University of Connecticut Health Center, filed by Kevin Lindsay.(Fazekas, J.) |
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