Petitpas v. Griffin et al
Plaintiff: Chad J. Petitpas
Defendant: Griffin, Stephen Faucher, Angel Quiros and Tiede
Case Number: 3:2020cv00769
Filed: June 2, 2020
Court: US District Court for the District of Connecticut
Presiding Judge: Jeffrey A Meyer
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 24, 2020 Filing 19 AMENDED COMPLAINT against All Defendants, filed by Chad J. Petitpas.(Payton, R.)
July 23, 2020 Opinion or Order Filing 18 ORDER RE MOTION TO AMEND COMPLAINT. Plaintiff has filed a motion (Doc. #17) describing the manner in which he would like to file an amended complaint. Plaintiff shall file his proposed amended complaint by August 7, 2020. The proposed amended complaint should set forth all of plaintiff's factual allegations against all of the defendants he wishes to name in this action. The Court will rule on plaintiff's motion to amend his complaint after the Court has an opportunity to review the proposed amended complaint to be filed by plaintiff. It is so ordered. Signed by Judge Jeffrey A. Meyer on 7/23/2020.(Freberg, B)
July 22, 2020 Filing 17 MOTION to Amend/Correct #1 Complaint by Chad J. Petitpas.Responses due by 8/12/2020 (Payton, R.)
July 15, 2020 Opinion or Order Filing 16 ORDER DENYING MOTIONS FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION (Docs. #7, #15). Plaintiff has moved for a temporary restraining order and preliminary injunctive relief to require that defendants Griffin and Tiede be kept away from the plaintiff and that they refrain from making dangerous and defamatory accusations. The legal standard governing the grant of a temporary restraining order is otherwise the same as the standard that governs the grant of a preliminary injunction. See Vann v. Fisher, 2011 WL 6788404, at *1 (S.D.N.Y. 2011). "A party seeking a preliminary injunction must generally show a likelihood of success on the merits, a likelihood of irreparable harm in the absence of preliminary relief, that the balance of equities tips in the party's favor, and that an injunction is in the public interest." See Am. Civil Lib. Union v. Clapper, 804 F.3d 617, 622 (2d Cir. 2015). Based on my review of plaintiff's papers, plaintiff does not allege any ongoing misconduct by defendants Griffin and Tiede that would warrant the entry of an order for preliminary injunctive relief. To the extent that Griffin and Tiede engaged in single incidents of alleged misconduct in May 2020 when they made statements aloud that plaintiff believes put him at risk of harm by other inmates, plaintiff has not adequately established that he has actually been injured as a result of these statements or that he faces a continuing risk of harm due to the statements made by Griffin and Tiede several months ago in May 2020. See, e.g., Berni v. Barilla S.p.A., -- F.3d --, 2020 WL 3815523, at *5 (2d Cir. 2020) (noting the "the familiar principle that injunctive relief is only proper when a plaintiff, lacking an adequate remedy at law, is likely to suffer from injury at the hands of the defendant if the court does not act in equity" and that "[t]he prospective-orientation of the analysis is critical: to maintain an action for injunctive relief, a plaintiff cannot rely on past injury... but must show a likelihood that he... will be injured in the future") (internal quotations omitted). I conclude that plaintiff has neither shown irreparable harm nor a sufficient likelihood of success. Accordingly, the motions for a temporary restraining order and preliminary injunction are DENIED. It is so ordered. Signed by Judge Jeffrey A. Meyer on 7/15/2020. (Freberg, B)
July 14, 2020 Filing 15 Renewed MOTION for Temporary Restraining Order and Preliminary Injunction by Chad J. Petitpas. (Freberg, B)
July 10, 2020 Filing fee received from Chad Petitpas: $ 400.00, receipt number CTXB00011324. (Fanelle, N.)
July 8, 2020 Opinion or Order Filing 14 ORDER DENYING MOTION TO AMEND COMPLAINT (Doc. #12). The Court DENIES the motion to file an amended complaint for lack of any explanation why plaintiff seeks to file an amended complaint. It is so ordered. Signed by Judge Jeffrey A. Meyer on 7/8/2020. (Freberg, B)
July 8, 2020 Opinion or Order Filing 13 ORDER DENYING MOTION (Doc. #11). The Court DENIES the motion to proceed pending payment and will not proceed until such time as the filing fee is paid. It is so ordered. Signed by Judge Jeffrey A. Meyer on 7/8/2020. (Freberg, B)
July 6, 2020 Filing 12 MOTION to Amend/Correct #1 Complaint by Chad J. Petitpas. Responses due by 7/27/2020 (Oliver, T.)
June 15, 2020 Filing 11 MOTION to proceed pending payment re #7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order by Chad J. Petitpas.Responses due by 7/6/2020 (Payton, R.)
June 10, 2020 Opinion or Order Filing 10 ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS (Doc. #2 ). Plaintiff Petitpas has filed a motion to proceed in forma pauperis. Doc. #2 . In considering whether a plaintiff may proceed in forma pauperis, the court must determine whether the burden of paying the fee for filing the action would either interfere with the litigant's ability to obtain life's necessities or force him or her to abandon the action. See Potnick v. Eastern State Hospital, 701 F.2d 243, 244 (2d Cir. 1983). Here, Petitpas's inmate account statement reflects that as of June 2, 2020, he had an account balance of $727.46 in his inmate account. See Doc. #3 at 1, 3. Accordingly, Petitpas has sufficient funds in his inmate account to pay the $400 filing fee, and the court can discern from Petitpas's motion no reason why requiring him to pay the filing fee would force him to forego the necessities of life or abandon this action. See Potnick, 701 F.2d at 244. Because Petitpas has not demonstrated a substantial showing of indigence which is required before in forma pauperis status may be granted under 1915, the motion to proceed in forma pauperis (Doc. #2 ) is DENIED. All further proceedings in the matter shall be held in abeyance for twenty days pending Petitpas's delivery of the filing fee in the amount of $400.00 (money order or bank check made payable to the Clerk of Court) to the Clerk's Office, 915 Lafayette Blvd., Bridgeport, Connecticut, 06604. Failure to tender the filing fee within twenty (20) days of the date of this order will result in the dismissal of this action. It is so ordered. Signed by Judge Jeffrey A. Meyer on 06/10/2020. (Mahler-Haug, A)
June 10, 2020 Filing 9 Docket Entry Correction re 8 ORDER RE RESPONSE TO MOTION FOR TEMPORARY INJUNCTIVE RELIEF - This Order has been WITHDRAWN. (Freberg, B)
June 9, 2020 Opinion or Order Filing 8 WITHDRAWN - ORDER RE RESPONSE TO MOTION FOR TEMPORARY INJUNCTIVE RELIEF (Doc. #7 ). Defendants shall file an response to plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #7 ) on or before June 16, 2020. The Clerk is requested to deliver a copy of this order and a copy of the motion and all attachments to defendants' representative, Jo Anne Sulik, Supervisory Assistant State's Attorney, Office of the Chief State's Attorney, on or before June 10, 2020. It is so ordered. Signed by Judge Jeffrey A. Meyer on 06/09/2020. (Mahler-Haug, A) Modified on 6/10/2020 (Freberg, B).
June 3, 2020 Filing 7 MOTION for Temporary Restraining Order and Preliminary Injunction by Chad J. Petitpas. (Freberg, B)
June 2, 2020 Opinion or Order Filing 6 STANDING ORDER ON PRISONER ELECTRONIC FILING PROGRAM Signed by Judge Janet C. Hall on 06/2/2020.(Fazekas, J.)
June 2, 2020 Opinion or Order Filing 5 STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 06/2/2020.(Fazekas, J.)
June 2, 2020 Opinion or Order Filing 4 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 06/2/2020.(Fazekas, J.)
June 2, 2020 Filing 3 PRISCS - Prisoner Trust Fund Account Statement by Chad J. Petitpas. (Fazekas, J.)
June 2, 2020 Filing 2 PRISCS - MOTION for Leave to Proceed in forma pauperis by Chad J. Petitpas. (Fazekas, J.)
June 2, 2020 Filing 1 PRISCS - COMPLAINT against Stephen Faucher, Griffin, Angel Quiros, Tiede, filed by Chad J. Petitpas.(Fazekas, J.)

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Plaintiff: Chad J. Petitpas
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Defendant: Griffin
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Defendant: Stephen Faucher
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Defendant: Angel Quiros
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Defendant: Tiede
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