Johnson v. Comfort Inn Hotel et al
| Robert W. Johnson |
| Comfort Inn Hotel, Hertz Vehicle LLC, Wu Jack, Staywell Company LLC, Jordon I. and Chevy |
| 3:2022cv00143 |
| 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 10 NOTICE. A copy of this Notice and a copy of Doc. #9 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. (Katz, S.) |
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. (Katz, S.)
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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 Application[,]" stating that he is "a poor person with no income, bank accounts, properties or any other monetary possessions." Doc. #2 at 1 (sic). 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 "Application" does not satisfy the requirements of 28 U.S.C. 1915 for several reasons. First, 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. 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).Second, plaintiff's "Application" is not accompanied by an affidavit or otherwise signed under the penalties of perjury, an essential requirement of the statute authorizing the commencement of an action without prepayment of fees or costs. See 28 U.S.C. 1915(a)(1); United States v. Copen, 378 F. Supp. 99, 103 (S.D.N.Y. 1974) ("Leave to proceed in forma pauperis may be obtainable only upon submission by the party of an affidavit made as required by that statute."); Davila v. Doar, No. 07CV05767(SHS)(DF), 2008 WL 4695004, at *2 (S.D.N.Y. Oct. 22, 2008) ("Under 28 U.S.C. 1915, the Court may grant in forma pauperis status where a plaintiff has submitted an affidavit (or declaration under penalty of perjury, see 28 U.S.C. 1746) detailing his or her financial situation, as well as the nature of the action and the affiant's belief that he or she is entitled to relief.").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 1/25/2022.(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, #2 Envelope)(Fazekas, J.) |
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