Davis v. McDaniels
| Josh Davis |
| Thomas McDaniels |
| 3:2021cv01453 |
| October 29, 2021 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| Stefan R Underhill |
| Civil Rights: Other |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 18, 2021. A more recent docket listing may be available from PACER.
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Filing 9
ORDER granting #8 Motion to Withdraw. In light of the fact that the complaint has been withdrawn, I dismiss as moot #2 Motion for Leave to Proceed in forma pauperis. The Clerk is directed to close this case. Signed by Judge Stefan R. Underhill on 11/18/2021. (Hurley, S.)
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| Filing 8 MOTION to Withdraw #1 Complaint by Josh Davis. (Attachments: #1 copy of envelope) (Oliver, T.) |
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Filing 7
ORDER re: Plaintiff's Motion for Leave to Proceed In Forma Pauperis, Docket No. 2.The plaintiff, Josh Davis, has moved for leave to proceed in forma pauperis - in other words, he has asked the Court for permission to start a civil case without paying the customary filing fee. A federal law permits him to do so if, among other things, he submits an affidavit listing his assets and showing that he is unable to pay the fee. See 28 U.S.C. 1915(a)(1). To help plaintiffs make this showing, the District of Connecticut provides a standard-form financial affidavit on its website, www.ctd.uscourts.gov.Mr. Davis filled out the form, but he answered "none" or "0.00" to each and every question. He essentially claims to have no income, assets, or monthly obligations whatsoever. Other courts have held that such affidavits do not establish an inability to pay the filing fee; because no one can possibly live on zero income, those courts have held that such affidavits must necessarily be incomplete. In the case of Pierre v. City of Rochester, for example, the court denied a motion for leave to proceed in forma pauperis when the plaintiff "claim[ed] that he ha[d] no assets and receive[d] no support from a spouse or from any other source," because he "offer[ed] no explanation for how he survives day-to-day or how his monthly expenses are paid." No. 16-CV-6428 CJS, 2018 WL 10072449, at *1 (W.D.N.Y. Dec. 13, 2018). The court added that if a plaintiff has no income of his own, but is instead being supported by another person, he should list that support on his affidavit because "[i]n assessing an application to proceed in forma pauperis, a court may consider the resources that the applicant has or can get from those who ordinarily provide the applicant with the necessities of life, such as fron a spouse, parent, adult sibling or next friend." Id. (quoting Fridman v. City of N.Y., 195 F. Supp. 2d 534, 537 (S.D.N.Y. 2002)).If Mr. Davis wishes to start this lawsuit without paying the filing fee, he is ORDERED to file another financial affidavit by December 3, 2021. In that affidavit, he must explain how he supports himself, and if he is supported by another person, he should explain whether that person can or cannot pay the filing fee.The Clerk of the Court is respectfully directed to mail a copy of this order to Mr. Davis at his address of record, and to note on the docket that she has done so. It is so ordered. Signed by Judge Thomas O. Farrish on 11/12/2021. (Farrish, Thomas)
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Filing 6
ORDER REFERRING Motion to Magistrate Judge Thomas O. Farrish including #2 MOTION for Leave to Proceed in forma pauperis Signed by Judge Stefan R. Underhill on 1112/2021.Motions referred to Thomas O. Farrish(Torres, K.)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Stefan R. Underhill on 10/29/2021.(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 Stefan R. Underhill on 10/29/2021.(Fazekas, J.)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 12/28/2021. Discovery due by 4/30/2022. Dispositive Motions due by 6/4/2022. Signed by Clerk on 10/29/2021.(Fazekas, J.)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Josh Davis. (Fazekas, J.) |
| Filing 1 COMPLAINT against Thomas McDaniels, filed by Josh Davis. (Attachments: #1 Envelope)(Fazekas, J.) |
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