Johnson v. Kim et al
| Robert W. Johnson |
| Yong Cha Kim, Dae S. Kim, Broome Co-Operative Insurance Company, Robert W. Barnes, Oswego Valley Insurancew Agencies LLC, Gloria Piazza, Joan Smith and Oswego Valley Insurance Agencies LLC |
| 3:2022cv00138 |
| January 25, 2022 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Civil Rights: Other |
| None |
Docket Report
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| Filing 13 CLERK'S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re: #11 Notice of Appeal. The attached docket sheet is hereby certified as the entire Index/Record on Appeal in this matter and electronically sent to the Court of Appeals, with the exception of any manually filed documents as noted below. Dinah Milton Kinney, Clerk. Documents manually filed not included in this transmission: none. (Freberg, B) |
| Filing 12 ENTERED IN ERROR - CLERK'S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re: #11 Notice of Appeal. The attached docket sheet is hereby certified as the entire Index/Record on Appeal in this matter and electronically sent to the Court of Appeals, with the exception of any manually filed documents as noted below. Dinah Milton Kinney, Clerk. Documents manually filed not included in this transmission: none (Freberg, B) Modified on 3/17/2022 (Freberg, B). |
| Filing 11 NOTICE OF APPEAL as to 9 Order by Robert W. Johnson. (Attachments: #1 Envelope)(Freberg, B) |
| Filing 10 NOTICE. A copy of Doc. #9 and a copy of this Notice have been mailed to the self-represented plaintiff at his address of record: Robert W. Johnson, 112 Court St, Apt 2, Watertown, NY 13601. Signed by Judge Sarah A. L. Merriam on 2/28/2022. (McCallum, C.) |
Filing 9
ORDER. On January 25, 2022, the self-represented plaintiff filed a Complaint (Doc. #1 ) and Motion for Leave to Proceed in forma pauperis (Doc. #2 ) in this matter.On January 28, 2022, the Court entered an Order denying plaintiff's Motion for Leave to Proceed in forma pauperis for failure to comply with the requirements of 28 U.S.C. 1915. See Doc. #7. The Court ordered plaintiff to "file a renewed Motion for Leave to Proceed in forma pauperis, sworn under the penalties of perjury, providing an adequate statement of his financial situation, or pay the required filing fee of $402.00 on or before February 18, 2022." Id. The Court cautioned: "If plaintiff fails to do so, this case will be dismissed." Id. The Court mailed a copy of this Order to plaintiff at his address of record on January 28, 2022. See Doc. #8.Plaintiff has failed to pay the required filing fee or to file a renewed Motion for Leave to Proceed in forma pauperis in compliance with the Court's January 28, 2022, Order. Accordingly, this case is DISMISSED. The Clerk of the Court shall close this case.It is so ordered. Signed by Judge Sarah A. L. Merriam on 2/28/2022. (McCallum, C.)
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| Filing 8 NOTICE. A copy of this Notice and a copy of Doc. #7 have been mailed to the self-represented plaintiff at his address of record: Robert W. Johnson, 112 Court St., Apt. 2, Watertown, NY 13601. Signed by Judge Sarah A. L. Merriam on 1/28/2022. (Katz, S.) |
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Filing 7
ORDER denying #2 Motion for Leave to Proceed in forma pauperis.Plaintiff has filed what purports to be an "In Forma Pauperis Affidavit[,]" stating that he is "a poor person with no income, assets, accounts or any other monetary properties and or insurance policies." Doc. #2 at 1 (sic). Plaintiff "make[s] this statement under penalty of perjury." Id.28 U.S.C. 1915 provides that "any court of the United States may authorize the commencement of any suit without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such [person] possesses that the person is unable to pay such fees or give security therefor." 28 U.S.C. 1915(a)(1).Plaintiff's "Affidavit" does not satisfy the requirements of 28 U.S.C. 1915 because it does not include an adequate statement of plaintiff's financial circumstances. For example, plaintiff states he has no income but does not indicate if he receives any other type of state or federal benefits that the Court may consider when ruling on a motion for leave to proceed in forma pauperis. Nor does plaintiff indicate what, if any, financial obligations he has. See Whatley v. Astrue, No. 5:11CV01009(NAM)(ATB), 2011 WL 5222908, at *1 (N.D.N.Y. Oct. 14, 2011) ("The court may deny an application to proceed in forma pauperis if [the applicant] fails to submit the required financial information[.]"), report and recommendation adopted, 2011 WL 5196716 (Oct. 31, 2011).Accordingly, plaintiff's #2 Motion for Leave to Proceed in forma pauperis is DENIED. Plaintiff shall file a renewed Motion for Leave to Proceed in forma pauperis, sworn under the penalties of perjury, providing an adequate statement of his financial situation, or pay the required filing fee of $402.00 on or before February 18, 2022. If plaintiff fails to do so, this case will be dismissed. If plaintiff pays the required filing fee, or is granted in forma pauperis status after filing an appropriate motion, the Court will then proceed to determine whether the Complaint as filed states a claim for which relief can be granted, and whether this Court has subject matter jurisdiction over plaintiff's claims, before determining whether the Complaint may proceed to service of process. It is so ordered. Signed by Judge Sarah A. L. Merriam on 1/28/2022. (Katz, S.)
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Filing 6
ORDER. All counsel and self-represented parties are advised that any requests for relief, including the rescheduling of conferences or hearings that have been calendared on ECF, must be made by filing of a motion on the docket, in full compliance with all applicable Federal and Local Rules. Relief from deadlines, orders, and calendars may not be obtained by calling or emailing chambers staff or the Clerk's Office. Court staff cannot provide advice or guidance, and ex parte communications with the Court are generally improper. It is so ordered. Signed by Judge Sarah A. L. Merriam on 1/28/2022.(Caffrey, A.)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Sarah A. L. Merriam on 01/25/2022.(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 Sarah A. L. Merriam on 01/25/2022.(Fazekas, J.)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 3/26/2022. Discovery due by 7/27/2022. Dispositive Motions due by 8/31/2022. Signed by Clerk on 01/25/2022.(Fazekas, J.)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Robert W. Johnson. (Fazekas, J.) |
| Filing 1 COMPLAINT against All Defendants, filed by Robert W. Johnson. (Attachments: #1 Civil Cover Sheet)(Fazekas, J.) |
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