Breton v. Martin et al
| Randy Breton, Sr |
| Robert Martin, Porylo, Titus, Jason Perison, Jusseaume and M Ayotte |
| 3:2022cv00510 |
| April 6, 2022 |
| U.S. District Court for the District of Connecticut |
| Sarala V Nagala |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 3, 2022. A more recent docket listing may be available from PACER.
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Filing 18
ORDER DISMISSING CASE. Plaintiff sought leave to proceed in forma pauperis in this action. On April 21, 2022, the Court denied Plaintiff's motion to proceed in forma pauperis and directed him to submit the filing fee within thirty days. Doc. No. 13. On May 16, 2022, the Court denied Plaintiff's motion for reconsideration and again ordered him to submit the filing fee by May 23, 2022. Doc. No. 15. To date, Plaintiff has neither tendered the filing fee nor sought an extension of time within which to do so. Accordingly, this case is DISMISSED without prejudice. Plaintiff may file a motion to reopen this case accompanied by the $402.00 filing fee. Any motion to reopen shall be filed by July 1, 2022. The Clerk is directed to close this case. Signed by Judge Sarala V. Nagala on 06/03/2022. (Kuegler, Adam)
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Filing 17
ORDER. All Connecticut prisoners are required to utilize the Prisoner Electronic Filing Program when filing civil actions in federal court. See CTAO 16-21, Standing Order on Prisoner Electronic Filing Program (updated) (program is mandatory). Despite this requirement, Plaintiff filed his complaint and exhibits in paper form. Once submitted to the Court, the documents became part of the court record and cannot be returned. See Frequently Asked Questions, https://www.ctd.uscourts.gov/filing-without-attorney/faq ("All documents that are filed with the Clerk's Office become part of the court record and cannot be returned. If you attach any exhibits to your pleadings or other motions or memoranda, you should file a copy of the exhibit and keep the original for your records."). See, e.g., McFadden v. Annucci, No. 13CV0559Sr, 2014 WL 824207, at *2 (W.D.N.Y. Feb. 28, 2014) (noting that original documents filed with the court cannot be returned and directing plaintiff to tender copy fee if he wanted a copy of the documents); see also, e.g., Young v. Smalls, Civil No. 092545 DMS (JMA), 2010 WL 731389, at *1 n.1 (S.D. Cal. Feb. 26, 2010) (court cannot return original documents once they are filed as part of the court's record); Brown v. Bartley, No. 06 C 3479, 2010 WL 1654929, at *3 n.1 (N.D. Ill. Apr. 22, 2010) (same). If Plaintiff seeks a copy of the 96-page complaint, he may send a letter to the Clerk accompanied by a check or money order payable to the Clerk of Court in the amount of $48.00. Any letter to the Clerk should be addressed to the United States District Court for the District of Connecticut, Office of the Clerk, 915 Lafayette Boulevard, Bridgeport, Connecticut 06604. If Plaintiff cannot afford the copying charge, he may file a motion for copies identifying any particular document(s) he seeks to have copied and the reasons the copy is needed. The motion must be accompanied by a copy of his inmate account balance in order to demonstrate his inability to pay for the copy. If Plaintiff seeks a copy of the complaint, his motion shall explain why he did not utilize the Prisoner Electronic Filing Program because, had he done so, the original filing would have been returned to him and a copy at court expense would be unnecessary. Signed by Judge Sarala V. Nagala on 05/25/2022. (Kuegler, Adam)
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| Filing 16 Letter to the Clerk from Randy Breton Dated 5/19/22 Re: demanding original documents be returned to him. (Pesta, J.) |
| Set Deadline: Filing Fee or Dismissal due by 5/23/2022. See #15 Order. (Bozek, M.) |
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Filing 15
ORDER denying #14 Motion for Reconsideration. Because Plaintiff has not come forward with any credible "new evidence" or claim of "clear error" or "manifest injustice," the Court declines to reconsider its earlier order. As set forth in the attached ruling, Plaintiff's motion for reconsideration is denied, and he is again directed to pay the full filing fee by May 23, 2022. If Plaintiff does not do so, his case will be dismissed without prejudice to refiling once he is able to pay the fee. Signed by Judge Sarala V. Nagala on 05/16/2022. (Kuegler, Adam)
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| Filing 14 MOTION for Reconsideration re #13 Order on Motion for Leave to Proceed in forma pauperis by Randy Breton, Sr. (Carr, Dave) |
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Filing 13
ORDER denying #11 Motion to Proceed In Forma Pauperis and finding as moot Plaintiff's previous motions to proceed in forma pauperis (ECF Nos. #2 , #9 ). For the reasons set for in the attached Ruling, Plaintiff's requests to proceed in forma pauperis are DENIED. All further proceedings in this action will be held in abeyance for thirty (30) days pending Plaintiff's delivery of the filing fee in the amount of $402.00 (money order or bank check made payable to the Clerk of Court) to the Clerk's Office, 915 Lafayette Blvd., Bridgeport, Connecticut 06604. Failure to tender the filing fee within thirty days of this order will result in the dismissal of this action. Signed by Judge Sarala V. Nagala on 04/21/2022. (Kuegler, Adam)
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| Filing 12 Prisoner Trust Fund Account Statement by Randy Breton, Sr. (Carr, Dave) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis by Randy Breton, Sr. (Carr, Dave) |
| Filing 10 Prisoner Trust Fund Account Statement by Randy Breton, Sr. (Imbriani, Susan) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by Randy Breton, Sr. (Attachments: #1 envelope)(Imbriani, Susan) |
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Filing 8
Notice to plaintiff: Insufficiency Informa Pauperis Application.The in forma pauperis statute, 28 U.S.C. 1915, provides that prison inmates who seek to file civil lawsuits in federal district court must submit an affidavit listing their assets and a certified copy of their inmate trust account statement for the six-month period immediately preceding the filing of the complaint. Mr. Breton filed an affidavit and a trust account statement, but both are out of date by nearly eight months. In addition, the trust account statement is incomplete. He is therefore directed to either (a) pre-pay the $402 filing fee or (b) submit a new, up-to-date affidavit and trust account statement within 21 days of the date of this notice. He is respectfully advised that if he neither pre-pays the fee nor submits a new and complete affidavit and account statement within the required time, his case may be dismissed. If insufficiency not corrected, Dismissal due by 5/2/2022. Copy of this Order and a blank Prisoner's IFP application sent to plaintiff via U.S. Mail. Signed by Judge Thomas O. Farrish on 4/11/2022. (Corriette, M.)
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Sarala V. Nagala on 4/6/2022.(Imbriani, Susan)
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Filing 6
Prisoner E-Filing Standing Order Signed by Judge Janet C. Hall on 4/6/2022.(Imbriani, Susan)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Sarala V. Nagala on 4/6/2022.(Imbriani, Susan)
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| Filing 4 PRISCS- MOTION for Temporary Restraining Order by Randy Breton, Sr. (Imbriani, Susan) |
| Filing 3 Prisoner Trust Fund Account Statement by Randy Breton, Sr. (Imbriani, Susan) |
| Filing 2 PRISCS- MOTION for Leave to Proceed in forma pauperis by Randy Breton, Sr. (Imbriani, Susan) |
| Filing 1 PRISCS- COMPLAINT against M Ayotte, Jusseaume, Robert Martin, Jason Perison, Porylo, Titus, filed by Randy Breton, Sr. (Attachments: #1 envelope)(Imbriani, Susan) |
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