Corwell v. McKenna et al
| Tara E. Corwell |
| Carolyn A. Signorelli, Michael McKenna, Suzanne Houde, Department of Children and Famillies of the State of the State of CT and Cynthia Pfeifer |
| 3:2020cv00222 |
| February 14, 2020 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Michael P Shea |
| Civil Rights: Other |
| Plaintiff |
Docket Report
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| Filing 9 Response to 8 Recommended Ruling filed by Tara E. Corwell. (Peterson, M) |
| Filing fee received from Tara E. Corwell: $ 400.00, receipt number CTXB00011025 (Payton, R.) |
Filing 8
RECOMMENDED RULING. The Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED, without prejudice. 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 . The form affidavit requires plaintiff to provide information about any case she has previously filed in this District; plaintiff lists one case, Tara E. Corwell v. Department of Children and Families, State of Connecticut, No. 3:04CV00071(SRU). However, a search of the Court's ECF system reveals four additional cases filed by plaintiff: See Tara Corwell v. Board of Ed of City of Bpt, No. 3:03CV01180(JCH); Tara Corwell v. City of Bridgeport, No. 3:06CV00557(AHN); Tara Elizabeth Corwell v. Hartford Public Schools, No. 3:08CV00850(SRU); and Tara E. Corwell v. Department of Children & Families, No. 3:13CV01417(VLB). The affidavit was signed by plaintiff under penalty of perjury. See Doc. #2 at 5. Plaintiff is cautioned that she must ensure that her statements to the Court are complete and accurate, or she could be subject to sanctions.In addition, the information provided by plaintiff does not support a finding that plaintiff is unable to pay the required fees and costs. Plaintiff states that she is presently employed, earning $6,800 per month, gross. See id. at 3. Plaintiff further states that she owns a single family home, but has no automobile, no stocks or bonds, and no money in the bank. See id. at 4. Plaintiff's claims regarding her monthly expenses are inconsistent. In describing her real property, plaintiff asserts that the monthly payment on her home is $1,500. See id. at 4. In the listing of her monthly obligations, however, plaintiff asserts that the "[m]onthly mortgage payment on house" is $600. Id. Plaintiff lists a number of monthly obligations, and asserts that these obligations total $4,860 per month. See id. at 5. However, the obligations actually listed total only $3,260 per month. Total monthly obligations of $3,260 would leave disposable income on a gross salary of $6,800 sufficient to pay the filing fee. In light of these inconsistencies, and based on the information provided under oath by plaintiff, the Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED, without prejudice. Plaintiff shall file a renewed motion to proceed in forma pauperis, or pay the required filing fee, on or before March 18, 2020. If plaintiff chooses to refile her motion, she must complete all of the required information, including all prior cases she has filed in this District, and must fully and accurately describe her financial situation. Failure to file a renewed motion, or to pay the filing fee, by this deadline will result in dismissal of this case.This is a recommended ruling. See Fed. R. Civ. P. 72(b)(1). Any objections to this recommended ruling must be filed with the Clerk of the Court by March 18, 2020. Failure to file an objection by that date will preclude appellate review. See 28 U.S.C. 636(b)(1); Rules 72, 6(a) and 6(d) of the Federal Rules of Civil Procedure; D. Conn. L. Civ. R. 72.2(a); Small v. Secretary of H.H.S., 892 F.2d 15 (2d Cir. 1989) (per curiam); F.D.I.C. v. Hillcrest Assoc., 66 F.3d 566, 569 (2d Cir. 1995). It is so ordered.Signed by Judge Sarah A. L. Merriam on 2/28/2020. (Scholfield, D.)
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| Set Deadlines: Objections due by 3/18/2020 (Caffrey, A.) |
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Filing 7
ORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam for Initial Review including #2 MOTION for Leave to Proceed in forma pauperis Signed by Judge Michael P. Shea on 2/25/20.Motions referred to Sarah A. L. Merriam(Johnson, D.)
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Filing 6
ORDER. This matter, including the #2 motion for leave to proceed in forma pauperis, is REFERRED to a U.S. Magistrate Judge for initial review under 28 U.S.C. 1915(e)(2)(B).Signed by Judge Michael P. Shea on 2/25/2020. (Hausmann, Amy)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 02/14/2020.(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 Michael P. Shea on 02/14/2020.(Fazekas, J.)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 4/14/2020. Discovery due by 8/15/2020. Dispositive Motions due by 9/19/2020. Signed by Clerk on 02/14/2020.(Fazekas, J.)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Tara E. Corwell. (Fazekas, J.) |
| Filing 1 COMPLAINT against All Defendants, filed by Tara E. Corwell.(Fazekas, J.) |
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