Britton v. Rodriguez et al
| Terrell Britton |
| Rodriguez, Cartagena, Pearson, Harris, Jane Doe and John Doe |
| 3:2021cv01257 |
| September 21, 2021 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 13
ORDER: On 10/8/2021, the Court denied Plaintiff's motions to proceed in forma pauperis because his materials, including his account statement, reflected that he could pay the filing fee without forgoing life necessities or having to abandon the action. Dkt. 9 (citing, inter alia, Brooks v. Aiden 0821 Capital LLC, 2020 WL 4614323, at *5 (E.D.N.Y. July 22, 2020); Vann v. Comm'r of N.Y. City Dep't of Corr., 496 F. App'x 113, 115 (2d Cir. 2012)). On 10/21/2021, the court denied Plaintiff's motions for reconsideration, "conclud[ing] that Plaintiff ha[d] not raised any issue of controlling law or fact that warrant[ed] reconsideration of the Court's prior ruling," and noting that "Plaintiff has 21 days from the date of this Order to pay the filing fee or his case will be subject to dismissal." Dkt. 12. Plaintiff's filing fee was due 11/11/2021 and has not been paid. The Court will allow Plaintiff until 11/22/2021 to pay the required filing fee, or the Court will dismiss this case with prejudice. Signed by Judge Vanessa L. Bryant on 11/12/2021. (Nault, James)
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| Set deadline: filing fee due by 11-22-2021 per Dkt. 13 Order. (Shafer, J.) |
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Filing 12
ORDER denying Plaintiff's #10 and #11 Motions for Reconsideration. The Court, in exercise of its decision, denied Britton's motion to proceed in forma pauperis because his materials, including his account statement, reflected that he could pay the filing fee without forgoing life necessities or having to abandon the action. See Brooks v. Aiden 0821 Capital LLC, 2020 WL 4614323, at *5 (E.D.N.Y. July 22, 2020); Vann v. Comm'r of N.Y. City Dep't of Corr., 496 F. App'x 113, 115 (2d Cir. 2012). A motion for reconsideration "generally will be denied unless the moving party can point to controlling decisions or data... that might reasonably be expected to alter the conclusion reached by the court." Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995); see also D. Conn. L. Civ. R. 7(c)1 ("Motions for reconsideration shall not be routinely filed and shall satisfy the strict standard applicable to such motions."). "The major grounds justifying reconsideration are 'an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice.'" Virgin Atl. Airways, Ltd. v. Nat'l Mediation Bd., 956 F.2d 1245, 1255 (2d Cir. 1992). Upon review, the Court concludes that Plaintiff has not raised any issue of controlling law or fact that warrant reconsideration of the Court's prior ruling. Plaintiff has 21 days from the date of this Order to pay the filing fee or his case will be subject to dismissal. Signed by Judge Vanessa L. Bryant on 10/21/2021. (Nault, James)
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| Filing 11 MOTION for Reconsideration re #9 Order on Motion for Leave to Proceed in forma pauperis by Terrell Britton. (Carr, Dave) |
| Filing 10 MOTION for Reconsideration re #9 Order on Motion for Leave to Proceed in forma pauperis by Terrell Britton. (Carr, Dave) |
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Filing 9
ORDER denying Plaintiff's #2 and #7 Motions for Leave to Proceed in forma pauperis for the reasons set forth in the attached Ruling and Order. All further proceedings in this matter shall be held in abeyance for twenty (20) days pending the Plaintiff's delivery of the filing fee. Failure to tender the filing fee within twenty (20) days of the date of this order will result in the dismissal of this action. Signed by Judge Vanessa L. Bryant on 10/8/2021. (Nault, James)
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| Filing 8 Prisoner Trust Fund Account Statement by Terrell Britton. (Payton, R.) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Terrell Britton. (Payton, R.) |
| Filing 6 Notice to petitioner re: Insufficiency #2 Ledger Sheet. You must submit a Ledger Sheet showing the past six months transactions. If insufficiency not corrected Dismissal due by 10/20/2021 Signed by Judge Thomas O. Farrish on 9/29/21.(Payton, R.) |
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Filing 5
STANDING ORDER ON PRISONER ELECTRONIC FILING PROGRAM Signed by Judge Janet C. Hall on 09/21/2021.(Fazekas, J.)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Vanessa L. Bryant on 09/21/2021.(Fazekas, J.)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Vanessa L. Bryant on 09/21/2021.(Fazekas, J.)
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| Filing 2 PRISCS - MOTION for Leave to Proceed in forma pauperis by Terrell Britton. (Fazekas, J.) |
| Filing 1 PRISCS - COMPLAINT against Cartagena, Jane Doe, John Doe, Harris, Pearson, Rodriguez, filed by Terrell Britton.(Fazekas, J.) |
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