Cosme v. Faucher et al
Plaintiff: Justin Cosme
Defendant: Faucher, Jane Doe, John Doe, Cook and Blanchard
Case Number: 3:2021cv01341
Filed: October 12, 2021
Court: US District Court for the District of Connecticut
Presiding Judge: Sarala V Nagala
Referring Judge: Michael P Shea
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 3, 2021 Opinion or Order Set Deadlines/Hearings: Amended Pleadings due by 12/22/2021 (Pesta, J.)
December 3, 2021 Opinion or Order Filing 15 ORDER that because the Complaint has been served, Plaintiff has until December 22, 2021 to file an amended complaint as a matter of course under Rule 15(a)(1)(A). Any extensions of that deadline will require a new motion for extension of time. Pursuant to Rule 15(a), Plaintiff may file an amended complaint only once as a matter of course. Signed by Judge Sarala V. Nagala on 12/03/2021. (Kuegler, Adam)
December 2, 2021 Opinion or Order Filing 14 WAIVER OF SERVICE Returned Executed as to Faucher waiver sent on 11/10/2021, answer due 1/9/2022. (Peterson, M)
December 2, 2021 Opinion or Order Filing 12 ORDER denying without prejudice #10 MOTION for Extension of Time of 45 Days to Amend Complaint as unnecessary. The defendants in this action have not yet returned the requests for waiver of service. Because the complaint has not yet been served, Plaintiff may amend it. Upon filing of the amended complaint, the Court will review it pursuant to 28 U.S.C. Section 1915A. Signed by Judge Sarala V. Nagala on 12/2/2021. (Nagala, Sarala)
December 1, 2021 Opinion or Order Filing 13 WAIVER OF SERVICE Returned Executed as to Blanchard waiver sent on 11/10/2021, answer due 1/9/2022. (Peterson, M)
November 18, 2021 Opinion or Order Filing 11 ORDER OF TRANSFER. Case reassigned to Judge Sarala V. Nagala for all further proceedings. Signed by Clerk on 11/18/2021.(Hushin, Z.)
November 16, 2021 Opinion or Order Filing 10 MOTION for Extension of Time of 45 Days To Amend Complaint by Justin Cosme. (Carr, Dave)
November 10, 2021 Opinion or Order REQUEST FOR WAIVER of Service sent to Stephen Faucher and Deloris Blanchard on 11/10/2021. Waiver of Service due by 12/15/2021 (Peterson, M)
November 9, 2021 Opinion or Order Filing 9 Standing Order re: Initial Discovery Disclosures Signed by Judge Stefan R. Underhill on 11/09/2021. (Peterson, M)
November 3, 2021 Opinion or Order Filing 8 ORDER. For the reasons set forth in the attached, the request for damages against the defendants in their official capacities is DISMISSED pursuant to 28 U.S.C. 1915A(b)(2). All claims against Commissioner Cook, any First, Fourth, and Fourteenth Amendment claims, and the conditions of confinement claim regarding the quarantine in the gym as to defendants Captains Doe are DISMISSED pursuant to 28 U.S.C. 1915A(b)(1). The case will proceed on the conditions of confinement claim regarding A-dorm against defendants Faucher, Blanchard, and Captains Doe, the conditions of confinement claim regarding the gym against defendants Faucher and Blanchard, and the deliberate indifference to health claims against defendants Faucher, Blanchard, and Captains Doe in their individual capacities only.The court enters the following additional orders. (1)The Clerk shall verify the current work address for defendants Warden Faucher and Deputy Warden Blanchard with the Department of Correction Office of Legal Affairs, mail a waiver of service of process request packet containing the Complaint and this Order to each defendant at the address provided within twenty-one (21) days of this Order, and report to the court on the status of the waiver request on the thirty-fifth day after mailing. If any defendant fails to return the waiver request, the Clerk shall make arrangements for in-person service by the U.S. Marshals Service on the defendant in his or her individual capacity and the defendant shall be required to pay the cost of such service. (2)The Clerk shall send the plaintiff a copy of this Order, instructions on effecting service, notice of lawsuit forms and waiver of service of summons forms. (3)The Clerk shall send a courtesy copy of the Complaint and this Order to the Connecticut Attorney General and the Department of Correction Office of Legal Affairs. (4) The defendants shall file their response to the complaint, either an answer or motion to dismiss, within sixty (60) days from the date the waiver forms are sent. If they choose to file an answer, they shall admit or deny the allegations and respond to the cognizable claims recited above. They also may include all additional defenses permitted by the Federal Rules. (5) Discovery, pursuant to Federal Rules of Civil Procedure 26 through 37, shall be completed within seven months (210 days) from the date of this order. Discovery requests should not be filed with the court. (6) All motions for summary judgment shall be filed within eight months (240 days) from the date of this order. (7) Pursuant to Local Civil Rule 7(a), a nonmoving party must respond to a dispositive motion within twenty-one (21) days of the date the motion was filed. If no response is filed, or the response is not timely, the dispositive motion can be granted absent objection. (8) If the plaintiff changes his address at any time during the litigation of this case, Local Court Rule 83.1(c)2 provides that he MUST notify the court. Failure to do so can result in the dismissal of the case. The plaintiff must give notice of a new address even if he is incarcerated. The plaintiff should write PLEASE NOTE MY NEW ADDRESS on the notice. It is not enough to just put the new address on a letter without indicating that it is a new address. If the plaintiff has more than one pending case, he should indicate all the case numbers in the notification of change of address. The plaintiff should also notify the defendants or the attorney for the defendants of his new address. (9)The plaintiff shall utilize the Prisoner Efiling Program when filing documents with the court. The plaintiff is advised that the Program may be used only to file documents with the court. As local court rules provide that discovery requests are not filed with the court, discovery requests must be served on defendants counsel by regular mail. (10)The Clerk shall immediately enter the District of Connecticut Standing Order Re: Initial Discovery Disclosures concerning cases initiated by self-represented inmates and shall send a copy to the plaintiff. (11)Service cannot be effected on defendants Captains John and Jane Doe without their names and current work addresses. The plaintiff is directed to ascertain this information promptly through the discovery process and file a notice containing the information. Once the plaintiff identifies these two defendants, the court will order service. Signed by Judge Michael P. Shea on 11/3/2021. (Wong, Qing Wai)
October 15, 2021 Opinion or Order Filing 7 ORDER granting #2 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 Judge Thomas O. Farrish on 10/15/21. (Payton, R.)
October 12, 2021 Opinion or Order Filing 6 STANDING ORDER ONPRISONER ELECTRONIC FILING PROGRAM Signed by Judge Janet C. Hall on 10/12/2021.(Payton, R.)
October 12, 2021 Opinion or Order Filing 5 STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 10/12/2021.(Payton, R.)
October 12, 2021 Opinion or Order Filing 4 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 10/12/2021.(Payton, R.)
October 12, 2021 Opinion or Order Filing 3 PRISCS- Prisoner Trust Fund Account Statement by Justin Cosme. (Payton, R.)
October 12, 2021 Opinion or Order Filing 2 PRISCS- MOTION for Leave to Proceed in forma pauperis by Justin Cosme. (Payton, R.)
October 12, 2021 Opinion or Order Filing 1 PRISCS-COMPLAINT against Cook, Jane Doe, John Doe, Faucher, Blanchard, filed by Justin Cosme.(Payton, R.)

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Plaintiff: Justin Cosme
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Defendant: Faucher
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Defendant: Jane Doe
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Defendant: John Doe
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Defendant: Cook
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Defendant: Blanchard
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