Asberry v. Walker, et al
| Edward Asberry |
| Walker, Nunez, Watson and Wright |
| 3:2021cv01364 |
| October 14, 2021 |
| US District Court for the District of Connecticut |
| Charles S Haight |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 MOTION to Submit Document by Edward Asberry. (Gutierrez, Y.) |
Filing 9
ELECTRONIC ORDER. Plaintiff's #2 Motion to Proceed In Forma Pauperis is DENIED. Plaintiff has sued several employees of the State of Connecticut's Department of Correction, alleging he was injured and continues to suffer pain as a result of being placed in full restraints in May 2021. See generally Doc. #1 . Concurrently with his Complaint, Plaintiff filed a motion seeking leave to proceed without immediately paying the Court's $402.00 filing fee, under 28 U.S.C. 1915 (the "IFP Application"). See generally Doc. #2 . "The decision to grant or deny leave to proceed in forma pauperis is 'within the sound discretion of the court.'" Patterson v. Rodgers, 708 F. Supp. 2d 225, 230 (D. Conn. 2010) (quoting Monti v. McKeon, 600 F. Supp. 112, 113 (D. Conn. 1984)). A prisoner may be granted in forma pauperis status when he or she "submits an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor." 28 U.S.C. 1915(a)(1). "The IFP statute does not permit waiver of the mandatory filing fee for federal suits.... Rather, prisoners must pay the filing fee gradually from their prisoner bank accounts." Cuoco v. U.S. Bureau of Prisons, 328 F. Supp. 2d 463, 467 (S.D.N.Y. 2004) (citations omitted). Plaintiff states that during the twelve months preceding his filing this action he received a COVID-19 stimulus check in the amount of $1,400.00, and his inmate account ledger sheets reflect a balance of $1,719.91, as of September 29, 2021. Id. at 2-3; Doc. #3 at 1. Plaintiff has not acknowledged, however, that the inmate account ledger sheets reflect additional deposits to his account of nearly $2,000 during the six-month period preceding his filing this action. See generally Doc. #3 . Thus, in responding to Question 6 of the IFP Application, Plaintiff did not accurately or truthfully report all income from any source that had been deposited in his account during the twelve months preceding his filing this action. See Doc. #2 at 2. "Courts have denied leave to proceed in forma pauperis where inmates had sufficient funds but chose to use the funds for other purposes before filing a motion to proceed in forma pauperis." Rosa v. Doe, No. 3:21CV00481(SALM), 2021 WL 5149997, at *2 (D. Conn. Nov. 5, 2021) (collecting cases). It is plain that Plaintiff has the resources to pay the Court's initial filing fee, and thus Plaintiff's IFP Application, Doc. #2 , should be DENIED. All further proceedings shall be held in abeyance for twenty (20) days, pending Plaintiff's delivering the Court's $402.00 filing fee to the Clerks Office, 141 Church Street, New Haven, Connecticut, 06510; payment may be made by cash, money order, or bank or cashier's check made payable to the Clerk, U.S. District Court. Failure to tender the filing fee within twenty (20) days of the date of this order will result in the dismissal of this action. SO ORDERED. Signed by Judge Charles S. Haight, Jr. on November 15, 2021. (Mattison, N.)
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| Filing 8 Sealed Document: Medical Reports by Edward Asberry re #1 Complaint. (Imbriani, Susan) |
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Charles S. Haight, Jr on 10/14/2021.(Gutierrez, Y.)
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Filing 6
Standing Order On Prisoner Electronic Filing Program Signed by Judge Janet C. Hall on 10/14/2021.(Gutierrez, Y.)
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| Filing 5 PRISCS Witness List and Medical Reports by Edward Asberry. (Gutierrez, Y.) Modified on 10/14/2021to add PRISCS (Gutierrez, Y.). |
| Filing 4 PRISCS MOTION to Appoint Counsel by Edward Asberry. (Gutierrez, Y.) |
| Filing 3 Prisoner Trust Fund Account Statement by Edward Asberry. (Gutierrez, Y.) |
| Filing 2 PRISCS MOTION for Leave to Proceed in forma pauperis. by Edward Asberry. (Gutierrez, Y.) |
| Filing 1 COMPLAINT against Nunez, Walker, Watson, Wright, filed by Edward Asberry.(Gutierrez, Y.) |
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