Dimartino et al v. Sage
| Kevin Dimartino, Michael Milchin, John Matera, Kenneth Pelletier, Steven Pagartanis and Eugene Castelle |
| Acting Warden of FCI Danbury, Federal Bureau of Prisons, D. Easter, FCI Danbury, Acting Warden Jessica Sage and FCI Danbury Medical Staff |
| James Whitted |
| 3:2021cv00498 |
| April 9, 2021 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on January 13, 2022. A more recent docket listing may be available from PACER.
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| Filing 31 DECLARATION by Michael Milchin. (Fanelle, N.) |
| Filing 30 Letter from Michael Milchin dated 12/23/2021 Re: #1 MOTION for Compassionate Release. (Fanelle, N.) |
| Filing 29 Sealed Document: Medical Record by Kevin Dimartino. (Oliver, T.) |
| Filing 28 NOTICE by Kenneth Pelletier. (Fanelle, N.) |
| Filing 27 Sealed Document: Unredacted Version of Exhibit C (ECF 21-4 and ECF 23) by James Whitted re #23 Exhibit, #21 MOTION for Leave to File Amicus Brief by James Whitted, Named Petitioner in Whitted v. Easter Litigation . (Russell, Sarah) |
| Filing 26 Sealed Document: Exhibit containing Medical Records re #6 Amended Complaint by Kevin Dimartino. (Attachments: #1 Envelope)(Freberg, B) |
Filing 25
ORDER granting #24 Motion to Seal. The Court finds a clear and compelling reason for sealing the Exhibit identified in the Motion. The Court further finds that the proposed sealing is narrowly tailored to address that reason. However, to the extent the sealed documents are, in the Court's view, significant to the Court's ultimate ruling on the pending motions before the Court, the Court may, upon notice to the parties, sua sponte, unseal the documents.Further, Counsel for Amicus Curiae is instructed to file, under seal, an unredacted version of the Exhibit. Both ECF No. 21-4 and ECF No. 23 have redactions. Signed by Judge Kari A. Dooley on 8/10/2021. (Banker, Joshua)
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| Filing 24 MOTION to Seal ECF 21-4 (Exhibit C to Amicus Brief) by James Whitted. (Russell, Sarah) |
| Filing 23 EXHIBIT Corrected Exhibit C to Amicus Brief by James Whitted re #21 MOTION for Leave to File Amicus Brief by James Whitted, Named Petitioner in Whitted v. Easter Litigation. (Russell, Sarah) |
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Filing 22
ORDER granting #21 Motion for Leave to File Amicus Brief. A response, if any, shall be filed on or before August 23, 2021. Signed by Judge Kari A. Dooley on 8/9/2021. (Banker, Joshua)
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| Filing 21 MOTION for Leave to File Amicus Brief by James Whitted, Named Petitioner in Whitted v. Easter Litigation by James Whitted. (Attachments: #1 Exhibit 1 (Amicus Brief of James Whitted, Named Petitioner in Whitted v. Easter Litigation), #2 Exhibit A (to Amicus Brief), #3 Exhibit B (to Amicus Brief), #4 Exhibit C (to Amicus Brief))(Russell, Sarah) |
| Filing 20 NOTICE of Related Case by Eugene Castelle, Kevin Dimartino, John Matera, Michael Milchin, Steven Pagartanis, Kenneth Pelletier. (Attachments: #1 Envelope)(Fanelle, N.) |
| Filing 19 AMENDED MOTION to Appoint Counsel In Reply to #14 MOTION to Dismiss by Eugene Castelle, Kevin Dimartino, John Matera, Michael Milchin, Steven Pagartanis, Kenneth Pelletier. (Fanelle, N.) |
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Filing 18
ORDER granting in part and denying in part ECF No. #17 , and addressing Anthony Indelicato's submission attached to ECF No. #16 . As to the Motion for Extension of Time, Petitioners' motion is GRANTED. Petitioners shall have until July 28, 2021 to respond to ECF No. #14 , Motion to Dismiss. However, Petitioners are again reminded that pro se individuals cannot represent other individuals. See ECF No. 4. Additional failures to have every Petitioner sign a joint motion or submission may result in denial or rejection of said motion or submission without further notice.In a similar vein, the Court is aware that buried within ECF No. #16 at page 125 is a document which appears to be a request by Antony Indelicato to be added to the "class action." To be clear, this proceeding has not been, and might not be, certified as a class action. Therefore, to the extent that the request should be read as a motion to amend the petition to add Mr. Indelicato as a named petitioner, the motion is DENIED because the named Petitioners have not jointly made such a motion. To the extent it is construed as a request to join the class action, it is denied as premature.As to the Motion to Appoint Counsel, Petitioners' motion is DENIED without prejudice. The Court first notes that it is signed by Mr. Milchin only "on behalf of the class." This is, as noted above, not permitted as Mr. Milchin is not a member of the bar of this Court, and the motion is denied for this reason. In addition, the Court observes that it may appoint counsel for habeas petitioners if petitioners cannot afford an attorney and such an appointment would serve the interests of justice. See 18 U.S.C. Section 3006A(a)(2); see also United States v. Vilar, 979 F. Supp. 2d 443, 445-46 (S.D.N.Y. 2013) (noting that there is no Sixth Amendment right to counsel in habeas proceedings but that the court may appoint counsel pursuant to the Criminal Justice Act). Petitioners have not made a showing that they are financially unable to secure counsel or that they have tried without success to secure pro bono counsel. Further, the interests of justice would not be served by appointing counsel at this juncture. The Respondent has moved to dismiss the petition on a variety of bases. Once that motion is adjudicated, the Court may revisit this decision if a proper motion is filed. Signed by Judge Kari A. Dooley on 6/25/2021. (Banker, Joshua)
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| Filing 17 MOTION for Extension of Time and MOTION to Appoint Counsel in Reply to Motion to Dismiss by Michael Milchin. (Attachments: #1 Envelope) (Fanelle, N.) |
| Filing 16 EXHIBIT to #1 MOTION for Compassionate Release by Eugene Castelle. (Fanelle, N.) |
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Filing 15
ORDER granting #13 Motion to Substitute Party. The Court hereby grants the motion to substitute party. Jessica Sage, Acting Warden of the Federal Correctional Institution at Danbury, is added to the case, and all other defendants are dismissed. See United States v. Padilla, 542 U.S. 426 (2004) ("[T]he proper respondent is the warden of the facility where the prisoner is being held..."). The Clerk of Court is respectfully directed to amend the case caption accordingly. Signed by Judge Kari A. Dooley on 5/24/2021. (Banker, Joshua)
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| Filing 14 MOTION to Dismiss the Petition in Response to May 5th Order to Show Cause (ECF 7) by Jessica Sage.Responses due by 6/14/2021 (Attachments: #1 Exhibit A - Whitted v. Easter Settlement)(Putnam, Nathaniel) |
| Filing 13 MOTION to Substitute Party by Jessica Sage. (Putnam, Nathaniel) |
| Filing 12 NOTICE of Appearance by Nathaniel Michael Putnam on behalf of Jessica Sage in Her Official Capacity as the Acting Warden of FCI Danbury (Putnam, Nathaniel) |
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Filing 9
ORDER. On May 21, 2021, the Court received a mailing from Plaintiffs containing what appears to be several Plaintiffs' medical records. The Court sua sponte orders that this submission be sealed so as to protect the Plaintiffs' privacy interest in these medical records, which, the Court finds is a clear and compelling reason to seal the records. The Court further finds that the proposed sealing is narrowly tailored to address this reason. However, to the extent the sealed documents are, in the Court's view, significant to the Court's ultimate ruling on the merits of the pending petition, the Court may, upon notice to the parties, sua sponte, unseal the documents. Signed by Judge Kari A. Dooley on 5/21/2021. (Banker, Joshua)
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| Filing 11 Sealed Document: Exhibit by Kenneth Pelletier. (Fanelle, N.) |
| Filing 8 EXHIBIT by Michael Milchin. (Fanelle, N.) |
| Filing 10 Sealed Document: Exhibit by Kenneth Pelletier. (Fanelle, N.) |
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Filing 7
ORDER TO SHOW CAUSE. See attached. Responses due on or before 6/15/2021. Signed by Judge Kari A. Dooley on 5/5/2021. (Banker, Joshua)
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| Filing 6 AMENDED COMPLAINT against Acting Warden of FCI Danbury, D. Easter, FCI Danbury, Federal Bureau of Prisons, FCI Danbury Medical Staff, filed by Eugene Castelle, Steven Pagartanis, Michael Milchin, Kevin Dimartino, Kenneth Pelletier, John Matera. (Attachments: #1 envelope)(Imbriani, Susan) |
| Filing 5 RESPONSE to 4 Order dismissing without prejudice by Eugene Castelle, Kevin Dimartino, John Matera, Michael Milchin, Steven Pagartanis, Kenneth Pelletier. (Attachments: #1 Envelope) (Fanelle, N.) |
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Filing 4
ORDER dismissing without prejudice #1 Petition for Writ of Habeas Corpus. Although stylized as a motion for compassionate release, the submission at ECF No. #1 invokes 28 U.S.C. Section 2241 and makes claims cognizable under that statute. See Ilina v. Zickefoose, 591 F. Supp. 2d 145, 150 (D. Conn. 2008). The Court therefore construes the submission as a petition for writ of habeas corpus. Because the instant petition is not signed by any of the named Petitioners despite the assertion that it is being filed on their behalf, the petition is not compliant with Fed. R. Civ. P. 11(a), which requires that "[e]very pleading, written motion, and other paper... be signed by at least one attorney of record in the attorney's name--or by a party personally if the party is unrepresented." Each self-represented individual must sign such a petition for the petition to be valid as to that person. See, e.g., Powerserve Int'l, Inc. v. Lavi, 239 F.3d 508, 514 (2d Cir. 2001) ("[A]n individual may not be represented in court by another person who is not an attorney") (citing 28 U.S.C. 1654).This petition is therefore dismissed without prejudice to the filing of an amended petition within 30 days. The Court reiterates that when filing the amended petition, each self-represented Petitioner seeking to bring a claim must sign the petition. Signed by Judge Kari A. Dooley on 4/15/2021. (Banker, Joshua)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 4/9/2021.(Freberg, B)
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Filing 2
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 4/9/2021.(Freberg, B)
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| Filing 1 PRISCS - MOTION for Compassionate Release, filed by Eugene Castelle, Steven Pagartanis, Michael Milchin, Kevin Dimartino, Kenneth Pelletier, John Matera.(Freberg, B) |
| Filing fee received from Michael Milchin: $ 5.00, receipt number CTXN00023093 (Freberg, B) Modified on 4/15/2021 to add receipt number (Nuzzi, Tiffany). |
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