Rodriguez v. McCormick et al
| Felix Rodriguez |
| G. Washington, N. McCormick, T. Tralli, R. Ruiz, K. McCrystal and G. Washinton |
| 3:2020cv01019 |
| July 21, 2020 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 15
ORDER directing the sealing of Plaintiff's [14-1] Exhibit A in accordance with Local Rule of Civil Procedure 5(e)(3). This order is based on the Court's finding that the materials to be sealed contain confidential information concerning Plaintiff's medical condition. See Health Insurance Portability and Accountability Act of 1996 (HIPAA); D. Conn. L. Civ. R. 5(e)(3) ("A statute mandating or permitting the non-disclosure of a class of documents (e.g., personnel files, health care records, or records of administrative proceedings) provides sufficient authority to support an order sealing such documents.") (emphasis added). The confidentiality of medical records outweighs the public's right to know. See Northrop v. Carucci, No. 3:04-cv-00103 (RNC), 2007 WL 685173, at *3 (D. Conn. Mar. 5, 2007) ("[F]ederal law treats medical records as confidential.") (citing HIPAA). The Clerk is directed to seal [14-1] Exhibit 1 to Plaintiff's Second Amended Complaint. Signed by Judge Vanessa L. Bryant on 9/15/2020. (Nault, James)
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Filing 14
SECOND AMENDED COMPLAINT against N. McCormick, T. Tralli, G. Washington, K. McCrystal, R. Ruiz, filed by Felix Rodriguez. (Attachments: #1 Exhibit, #2 Envelope) (Velez, F.)
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Filing 13
AMENDED COMPLAINT against N. McCormick, T. Tralli, G. Washinton, filed by Felix Rodriguez. (Velez, F.) Modified on 8/17/2020 to correct file date (Velez, F.).
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Filing 12
ORDER granting #11 Motion to Amend/Correct Plaintiff's #1 Complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(A). The Clerk is directed to docket the attached Amended Complaint. Signed by Judge Vanessa L. Bryant on 8/14/2020. (Nault, James)
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Filing 11
MOTION to Amend Plaintiff's #1 Complaint, by Felix Rodriguez. Responses due by 9/3/2020. (Attachments: #1 Amended Complaint, #2 Envelope) (Velez, F.)
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Filing 10
ORDER denying Plaintiff's #4 Motion to Appoint Counsel without prejudice to re-filing at the appropriate time. A court "may request an attorney to represent any person unable to afford counsel." 42 U.S.C. 1915(e)(1). However, civil litigants do not have a constitutional right to the appointment of counsel. See Leftridge v. Conn. State Trooper Officer No. 1283, 640 F.3d 62, 6869 (2d Cir. 2011) ("A party has no constitutionally guaranteed right to the assistance of counsel in a civil case.") (citation omitted). In considering whether to appoint pro bono counsel for an indigent litigant, a district court must "first determine whether the indigent's position seems likely to be of substance." See Hodge v. Police Officers, 802 F.2d 58, 61 (2d Cir. 1986); see also Cooper v. A. Sargenti Co., 877 F.2d 170, 171 (2d Cir. 1989)("counsel is often unwarranted where the [litigant's] chances of success are extremely slim."). At this juncture, Plaintiff's #4 motion for appointment of counsel is DENIED without prejudice as the Court has yet to consider the plausibility of Plaintiff's claims under 28 U.S.C. 1915A. The Plaintiff may refile his motion for appointment of counsel after this Court has determined whether Plaintiff's claims may proceed beyond initial review. Signed by Judge Vanessa L. Bryant on 7/28/2020. (Nault, James)
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Filing 9
ORDER granting #8 Motion for Leave to Proceed in forma pauperis. If you change your address at any time during the litgation 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 7/27/20. (Payton, R.)
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Filing 8
PRISCS MOTION for Leave to Proceed in forma pauperis, by Felix Rodriguez. Corrected document #2 . (Velez, F.)
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 7/21/2020. (Velez, F.)
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Filing 6
Prisoner E-Filing Standing Order on Prisoner Electronic Filing Program. Signed by Judge Janet C. Hall on 7/21/2020. (Velez, F.) Modified on 7/21/2020 to correct typo (Velez, F.).
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Filing 5
STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 7/21/2020. (Velez, F.)
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Filing 4
PRISCS -- MOTION for Appointment of Counsel, by Felix Rodriguez. (Attachments: #1 Envelope)(Velez, F.)
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Filing 3
PRISCS -- Prisoner Trust Fund Account Statement by Felix Rodriguez. (Attachments: #1 Envelope) (Velez, F.)
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Filing 2
ENTERED IN ERROR: PRISCS -- MOTION for Leave to Proceed in Forma Pauperis, by Felix Rodriguez. (Attachments: #1 Envelope) (Velez, F.) Modified on 7/27/2020 to indicate entererd in error (Velez, F.).
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Filing 1
PRISCS - COMPLAINT against N. McCormick, T. Tralli, G. Washinton, filed by Felix Rodriguez. (Attachments: #1 Envelope) (Velez, F.) Modified on 8/17/2020 to correct typo (Velez, F.).
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