Petion v. Semple et al
| Divenson Petion |
| Fiore, Davis, Rivera, John Doe, Charter, Roy, Lata, Linares, Gingras, Cheney, Doran, Carlos, Stanley, Nemeth, William Mulligan, Messire, John Aldi, Angel Quiros, Scholz, Squires, Zagrrazewski, Perez, Antonio Santiago, Danek, Andreas, Beers, Russell, Cronin, Eastbrook, Bennett, Kelly, Stephen Faucher, Scott Semple, Kravies, Melendez and Kassoy |
| 3:2020cv01153 |
| August 11, 2020 |
| US District Court for the District of Connecticut |
| Janet C Hall |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 9, 2020. A more recent docket listing may be available from PACER.
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| Filing 20 WAIVER OF SERVICE Returned Executed as to Fiore waiver sent on 10/1/2020, answer due 11/30/2020. (Reis, Julia) |
| Filing 19 WAIVER OF SERVICE Returned Executed as to Antonio Santiago waiver sent on 10/1/2020, answer due 11/30/2020. (Reis, Julia) |
| Filing 18 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *John Aldi, Andreas, Charter, Cheney, Stephen Faucher, Fiore, Gingras, Kravies, Melendez, Messire, William Mulligan, Perez, Rivera, Antonio Santiago, Scott Semple, Squires, Zagrrazewski* with answer to complaint due within *21* days. *Divenson Petion #322706* *MACDOUGALL-WALKER CORRECTIONAL INSTITUTION* *1153 East Street South* *Suffield, CT 06080*. (Reis, Julia) |
| REQUEST FOR WAIVER of Service sent to defendants Cheney, Zagrrazewski, Aldi, Mulligan, Messire, Andreas, Faucher, Squires, Kravies, Rivera, Fiore, Gingras, Perez, Melendez, Semple, Santiago, and Charter on 10/1/2020. Waiver of Service due by 11/5/2020. (Reis, Julia) |
| USM 285 form together with #1 Complaint, 10 Order granting IFP, #16 IRO, #17 Standing Order re: Initial Discovery Disclosures, #18 Summons reviewed and sent to USM for service on defendants Cheney, Zagrrazewski, Aldi, Mulligan, Andreas, Faucher, Squires, Kravies, Rivera, Fiore, Messire, Gingras, Perez, Melendez, Semple, Santiago, and Charter in their official capacities. Marshals Return of Service on Summons due by 10/21/2020. (Reis, Julia) |
Filing 17
Standing Order re: Initial Discovery Disclosures Signed by Judge Stefan R. Underhill on 9/25/2020. (Reis, Julia)
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Filing 16
INITIAL REVIEW ORDER. All Fourth Amendment claims, except for the claim against Andreas relating to the strip search; all equal protection claims; all Eighth Amendment claims relating to the searches of Petions cell and person; the claim for interference with grievance procedures; the claim for denial of access to the courts; any First Amendment speech claims; any conspiracy claims; the retaliation claim against Quiros; the due process claims against Fiore, Lata, Nemeth, and Beers; and the claims against Carlos, Kelly, Cronin, Stanley, and Doran are DISMISSED pursuant to section 1915A of title 28 of the U.S. Code. All claims for damages against the defendants in their official capacities, the request for declaratory relief, and all requests for injunctive relief except request seven are DISMISSED. As all claims against defendants Quiros, Bennett, Scholz, Linares, Davis, Danek, Kassoy, Russell, Eastbrook, Lata, Nemeth, Beers, Roy, Carlos, Kelly, Cronin, Stanley, and Doran have been dismissed, the Clerk is directed to terminate them as defendants. The case will proceed on the retaliation claim against Cheney; the religious exercise claims against Gingras and Zagrrazewski; the Fourth Amendment claim against Andreas; the claims for deliberate indifference to safety against Aldi, Doe, Mulligan, Faucher, Cheney, Squires, Kravies, Rivera, Fiore, Messire, and Gingras; the due process claims against Perez and Melendez, and the supervisory liability claims against Semple, Santiago, and Charter.The court declines to exercise supplemental jurisdiction over Petions claims for violations of the Connecticut Constitution, deferring to the state courts to recognize these claims in the first instance.The court cannot effect service on John Doe (Population Management) without his full name and current work address. Petion is directed to obtain this information through discovery and file a notice containing this information. Once the notice is filed, the court will order service on Doe. Signed by Judge Janet C. Hall on 9/25/2020. (Reis, Julia)
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| Filing 15 RULING denying without prejudice #11 Motion to Appoint Counsel. Petion may renew his motion after further development of the record when the court will be better able to assess the likely merit of his claims. Any renewed motion shall document additional attempts to obtain legal assistance. Signed by Judge Janet C. Hall on 9/14/2020. (Reis, Julia) |
| Filing 14 Letter from Divenson Petion dated 8/25/2020 re: 7 Notice to petitioner re: Insufficiency (Reis, Julia) |
| Filing 13 Prisoner Trust Fund Account Statement by Divenson Petion. (Reis, Julia) |
| Filing 12 MOTION for Leave to Proceed in forma pauperis by Divenson Petion. (Attachments: #1 Envelope)(Reis, Julia) |
| Filing 11 MOTION to Appoint Counsel by Divenson Petion. (Reis, Julia) |
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Filing 10
ORDER denying #2 Motion for Leave to Proceed in forma pauperis; granting #8 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 US Magistrate Judge William I Garfinkel on 8/26/20. (Payton, R.)
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| Filing 9 Prisoner Trust Fund Account Statement by Divenson Petion. (Payton, R.) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis by Divenson Petion. (Payton, R.) |
| Filing 7 Notice to petitioner re: Insufficiency #2 Motion to proceed Informa Pauperis. Although you have sworn under penalty of perjury that the responses in the IFP application are truthful, the responses in question 6 do not accurately reflect the deposits shown on your Inmate Account Statement. Please file a new IFP application. If insufficiency not corrected Dismissal due by 9/9/2020 Signed by US Magistrate Judge William I Garfinkel on 8/19/20.(Payton, R.) |
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Janet C. Hall on 8/11/2020. (Reis, Julia)
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Filing 5
Standing Order on Prisoner Electronic Filing Program Signed by Judge Janet C. Hall on 8/11/2020. (Reis, Julia)
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Filing 4
Standing Protective Order Signed by Judge Janet C. Hall on 8/11/2020. (Reis, Julia)
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| Filing 3 PRISCS Prisoner Trust Fund Account Statement by Divenson Petion. (Reis, Julia) |
| Filing 2 PRISCS MOTION for Leave to Proceed in forma pauperis by Divenson Petion. (Reis, Julia) |
| Filing 1 PRISCS COMPLAINT against Scott Semple, Antonio Santiago, Angel Quiros, John Aldi, Stephen Faucher, William Mulligan, Carlos, John Doe, Fiore, Rivera, Danek, Lata, Roy, Kelly, Gingras, Cronin, Perez, Charter, Stanley, Melendez, Davis, Nemeth, Doran, Andreas, Cheney, Messire, Kravies, Beers, Zagrrazewski, Bennett, Kassoy, Eastbrook, Russell, Linares, Squires, Scholz, filed by Divenson Petion. (Attachments: #1 Envelope)(Reis, Julia) (Additional attachment(s) added on 8/14/2020: #2 Corrected PDF) (Reis, Julia). |
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