Johnson v. Gonzalez
| Adrien Johnson |
| Jessica Washburn Gonzalez |
| 3:2021cv00490 |
| April 8, 2021 |
| US District Court for the District of Connecticut |
| Stefan R Underhill |
| Civil Rights: Other |
| Plaintiff |
Docket Report
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Filing 7
ORDER. On April 15, I denied without prejudice Johnson's motion to proceed in forma pauperis because that motion did "not contain allegations sufficient to establish that [Johnson] is unable to pay the ordinary filing fees required by the Court." Order, Doc. No. 6. I also noted that it was "unclear whether this case can proceed in federal court because I may not have subject matter jurisdiction." Id. It is now June 1, but Johnson has neither re-filed a motion to proceed in forma pauperis nor paid this Court's $402 civil case filing fee. This Order serves as notice that Johnson must do one of those two things to proceed with this case. If Johnson does not do so by July 7, 2021 (90 days after the complaint in this case was filed), I will be likely to dismiss this case for a failure to prosecute and pursuant to Federal Rule of Procedure 4(m). Signed by Judge Stefan R. Underhill on 06/01/2021. (Rosenberg, J.)
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Filing 6
ORDER denying without prejudice #2 Johnson's motion to proceed in forma pauperis. Johnson has filed a motion seeking to proceed without payment of fees and costs. That motion includes a sworn statement regarding Johnson's current financial circumstances. See Mot., Doc. No. #2 . But Johnson's sworn statement contains very little information. Johnson appears to indicate that his or her only income is $793 per month in social security income, but even that is unclear. And Johnson lists a $40 per month alimony or child support obligation, but does not list any other obligation, including the money Johnson spends on food and/or clothing. Because Johnson's sworn statement does not contain allegations sufficient to establish that he or she is unable to pay the ordinary filing fees required by the Court, 28 U.S.C. 1915(a)(1), Johnson's motion for leave to proceed in forma pauperis is denied without prejudice. That means that Johnson may re-make this motion and include more information about his or her financial circumstances. Additionally, I note that it is unclear whether this case can proceed in federal court because I may not have subject matter jurisdiction. In this case, Johnson appears to be suing a lawyer for "neglect" and because "she lies a lot." Compl., Doc. No. #1 , at 2. To the extent that Johnson believes his or her claim arises under federal law, 28 U.S.C. 1331, the complaint does not clearly identify what that federal law would be. And if Johnson intends to proceed based on diversity of citizenship, 28 U.S.C. 1332, the parties must be citizens of different states and the amount in controversy must exceed $75,000. It is not clear whether either requirement is met. See Compl., Doc. No. #1 , at 1 (listing both parties as citizens of Connecticut); id. at 4 (under "request for relief," writing "I would like to be release[d] to some stable place I can get some employment and work and get taxes from my old job but i[']ll never ever forget help where I needed"). Signed by Judge Stefan R. Underhill on 04/15/2021. (Rosenberg, J.)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Stefan R. Underhill on 04/8/2021.(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 Stefan R. Underhill on 04/8/2021.(Fazekas, J.)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 6/7/2021. Discovery due by 10/8/2021. Dispositive Motions due by 11/12/2021. Signed by Clerk on 04/8/2021.(Fazekas, J.)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Adrien Johnson. (Fazekas, J.) |
| Filing 1 COMPLAINT against Jessica Washburn Gonzalez, filed by Adrien Johnson. (Attachments: #1 Envelope)(Fazekas, J.) |
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| Defendant: Jessica Washburn Gonzalez | |
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| Plaintiff: Adrien Johnson | |
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