Moresca v. O'Brien et al
| Rodolphe Moresca |
| O'Brien, Montanaro, Cooper, Seth O'Brien, Michael Montanaro and Bryan Cooper |
| 3:2021cv00764 |
| June 2, 2021 |
| US District Court for the District of Connecticut |
| Victor A Bolden |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 12, 2022. A more recent docket listing may be available from PACER.
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| Filing 14 NOTICE by Rodolphe Moresca (Payton, R.) |
| Filing fee received from Rudolphe Moresca: $ 402.00, receipt number CTXB00012298 (Payton, R.) |
| Set Deadlines: Filing fee due by 7/28/2021 or Dismissal. (Perez, J.) |
Filing 13
ORDER denying #2 Motion for Leave to Proceed in forma pauperis; denying #8 Motion for Leave to Proceed in forma pauperis. The plaintiff, Rodolphe Moresca, is incarcerated at Carl Robinson Correctional Institution. He has sued employees of the Stamford Police Department and seeks leave to proceed without paying the filing fee under 28 U.S.C. 1915. See ECF Nos. 1, 2, 8. The Court considers whether information provided by the plaintiff demonstrates that the burden of paying the $402.00 filing fee would hamper his ability to obtain the necessities of life or force him to abandon a potentially meritorious claim. See Adkins v. E.I. Dupont de Nemours & Co., 335 U.S. 331, 339-40 (1948). Mr. Moresca receives $21.00 a month as payment for performing a prison job. See ECF No. 8, at 2. In addition, although not acknowledged by Mr. Moresca in answering question six on the application to proceed in forma pauperis, he received a deposit of $1,400.00 to his prison account on April 16, 2021. See ECF No. 9, at 4; ECF No. 8, at 2. The ledger sheets submitted by Mr. Moresca reflect an inmate account balance of $1,585.31 as of May 21, 2021. See ECF No. 9. No one is dependent upon the plaintiff for support and he is not responsible for room and board. See ECF No. 8, at 3. Accordingly, the plaintiff has failed to demonstrate that he would have to forgo life's necessities if he paid the $402.00 filing fee and the motions to proceed in forma pauperis, [ECF No. 2, 8], are DENIED. All further proceedings in the matter shall be held in abeyance for twenty (20) days pending the plaintiff's delivery of the filing fee in the amount of $402.00 (cash, money order, or bank or cashiers check made payable to the Clerk, U.S. District Court) to the Clerk's Office, 915 Lafayette Boulevard, 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. Mr. Moresca may renew his motion for appointment of counsel if he pays the filing fee. Signed by Judge Victor A. Bolden on 7/8/2021. (Tisdale, I.)
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| Filing 12 RESPONSE Exhibit A re #5 Standing Protective Order filed by Rodolphe Moresca. (Payton, R.) |
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Filing 11
ORDER denying #10 Motion to Appoint Counsel. The motion to appoint counsel is DENIED, without prejudice to renewal after the pending #8 motion for leave to proceed in forma pauperis is addressed and an initial review order is issued. Signed by Judge Victor A. Bolden on 6/18/2021. (Tisdale, I.)
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| Filing 10 MOTION to Appoint Counsel by Rodolphe Moresca. (Payton, R.) |
| Filing 9 Prisoner Trust Fund Account Statement by Rodolphe Moresca. (Fazekas, J.) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis by Rodolphe Moresca. (Fazekas, J.) |
| Filing 7 AMENDED COMPLAINT against Bryan Cooper, Michael Montanaro, Seth O'Brien, filed by Rodolphe Moresca. (Attachments: #1 Cover Letter, #2 Envelope)(Fazekas, J.) |
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Filing 6
STANDING ORDER ON PRISONER ELECTRONIC FILING PROGRAM Signed by Judge Janet C. Hall on 06/2/2021.(Fazekas, J.)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 06/2/2021.(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 Victor A. Bolden on 06/2/2021.(Fazekas, J.)
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| Filing 3 PRISCS - Prisoner Trust Fund Account Statement by Rodolphe Moresca. (Fazekas, J.) |
| Filing 2 PRISCS - MOTION for Leave to Proceed in forma pauperis by Rodolphe Moresca. (Fazekas, J.) |
| Filing 1 PRISCS - COMPLAINT against Cooper, Montanaro, O'Brien, filed by Rodolphe Moresca. (Attachments: #1 Envelope)(Fazekas, J.) |
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