Pagan v. Gagne et al
| Ernesto Pagan |
| Gerard G. Gagne, Yesu, Michelle, Karem, Janine Brennan and Chena McPherson |
| 3:2021cv01490 |
| November 8, 2021 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 2, 2023. A more recent docket listing may be available from PACER.
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Filing 11
ORDER DISMISSING CASE. The Plaintiff, having failed to pay the filing fee in this matter on or before December 14, 2021, and having been advised that his failure to do so would result in dismissal of this case, it is ORDERED that this matter is dismissed without prejudice. The clerk of the court is directed to close this case. Signed by Judge Kari A. Dooley on 12/16/2021.(Gould, K.)
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Filing 10
ORDER denying #2 Motion for Leave to Proceed in forma pauperis and #8 Motion for Leave to Proceed in forma pauperis. Plaintiffs motions reveal that he has received $2,000 in federal stimulus funds in the last twelve months, and he has no dependents. His prisoner account statement reflects that he had spendable balance of $2,281.51 on November 8, 2021 when the complaint was filed in this matter. And as of November 18, 2021, he retains a spendable balance of $2240.29. ECF No. 9. The decision whether to permit a litigant to proceed IFP in a civil case is committed to the sound discretion of the district court. See Brooks v. Aiden 0821 Capital LLC, 2020 WL 4614323, at *5 (E.D.N.Y. July 22, 2020); Rahimi v. Sec. of Navy, 2019 WL 6529458, at *2 (D. Conn. Dec. 4, 2019). A litigant need not be destitute to qualify for in forma pauperis status. And the Court considers whether the burden of paying the fees for filing and service would hamper the plaintiffs ability to obtain the necessities of life or force him to abandon the action. See Vann v. Commr of N.Y. City Dept of Corr., 496 F. Appx 113, 115 (2d Cir. 2012); Potnick v. E. State Hosp., 701 F.2d 243, 244 (2d Cir. 1983). Here, Plaintiff would not be forced to forgo the necessities of life or abandon the action if required to pay the filing and service fees. Accordingly, all further proceedings in this matter are held in abeyance until December 14, 2021 pending Plaintiffs payment of the filing fee in the amount of $402.00 (money order or bank check made payable to the Clerk of Court) to the Clerks Office, 915 Lafayette Boulevard, Bridgeport, CT 06604. Failure to tender the filing fee by December 14, 2021 shall result in the dismissal of this action without prejudice. Signed by Judge Kari A. Dooley on 11/24/21. (Dooley, Kari)
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Filing 9
Prisoner Trust Fund Account Statement by Ernesto Pagan. (Fanelle, N.)
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Filing 8
MOTION for Leave to Proceed in forma pauperis by Ernesto Pagan. (Fanelle, N.)
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Filing 7
Notice to petitioner re: Insufficiency #2 Ledger Sheet. You must submit a Ledger Sheet showing the past six months' transactions signed by an authorized person. If insufficiency not corrected Dismissal due by 12/3/2021 Signed by Judge Thomas O. Farrish on 11/12/2021.(Payton, R.)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 11/8/2021. (Oliver, T.)
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Filing 5
Prisoner E-Filing Standing Order on Prisoner Electronic Filing Program Signed by Judge Janet C. Hall on 11/8/2021. (Oliver, T.)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 11/8/2021. (Oliver, T.)
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Filing 3
PRISCS - Prisoner Authorization Form by Ernesto Pagan. (Oliver, T.)
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Filing 2
PRISCS - MOTION for Leave to Proceed in forma pauperis by Ernesto Pagan. (Oliver, T.)
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Filing 1
PRISCS - COMPLAINT against Janine Brennan, Gerard G. Gagne, Karem, Chena McPherson, Michelle, Yesu, filed by Ernesto Pagan.(Oliver, T.)
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