Johnson v. New York State et al
| Robert W. Johnson |
| New York State and Andrew M. Cuomo |
| 3:2022cv00191 |
| January 31, 2022 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Civil Rights: Other |
| None |
Docket Report
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| Filing 9 NOTICE. A copy of this Notice and a copy of Doc. #8 have been mailed to the self-represented plaintiff at his address of record: Robert W. Johnson, 112 Court Street, Apt. 2, Watertown, NY 13601. Signed by Judge Sarah A. L. Merriam on 3/18/2022. (Katz, S.) |
Filing 8
ORDER. On January 31, 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 February 17, 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. #6. The Court ordered plaintiff to "re-file his Motion for Leave to Proceed in forma pauperis or pay the required filing fee on or before March 11, 2022, or this case will be dismissed." Id. The Court mailed a copy of this Order to plaintiff at his address of record on February 17, 2022. See Doc. #7.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 February 17, 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 3/18/2022. (Katz, S.)
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| Filing 7 NOTICE. A copy of this Notice and a copy of Doc. #6 have been mailed to the self-represented plaintiff at his address of record: Robert W. Johnson, 112 Court Street, Apt. 2, Watertown, NY 13601. Signed by Judge Sarah A. L. Merriam on 2/17/2022. (Katz, S.) |
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Filing 6
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 assets." 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 "Affidavit" 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 of 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 "Affidavit" is not 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 re-file his Motion for Leave to Proceed in forma pauperis or pay the required filing fee on or before March 11, 2022, or this case will be dismissed.It is so ordered. Signed by Judge Sarah A. L. Merriam on 2/17/2022. (Katz, S.)
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Filing 5
STANDING PROTECTIVE ORDER. Signed by Judge Sarah A. L. Merriam on 1/31/2022.(Freberg, B)
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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 1/31/2022.(Freberg, B)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 4/1/2022; Discovery due by 8/2/2022; Dispositive Motions due by 9/6/2022. Signed by Clerk on 1/31/2022.(Freberg, B)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Robert W. Johnson. (Freberg, B) |
| Filing 1 COMPLAINT against New York State, Andrew M. Cuomo filed by Robert W. Johnson. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(Freberg, B) Modified on 2/10/2022 to correct parties (Anastasio, F.). |
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