Impellitteri v. Federal Bureau of Prisons
| Andrew Impellitteri |
| Federal Bureau of Prisons |
| 3:2022cv01086 |
| August 29, 2022 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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This docket was last retrieved on October 12, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 7
ORDER denying #2 Motion for Leave to Proceed in forma pauperis. On August 29, 2022, petitioner filed a petition for writ of habeas corpus, together with a motion for leave to proceed in forma pauperis. See Doc. #1 , Doc. #2 . On September 2, 2022, Judge Thomas O. Farrish issued a Notice of Insufficiency, alerting petitioner that he was required to provide "a certified copy of his inmate trust account statement for the six month period preceding his complaint." Doc. #5. The Court warned that failure to provide that information by September 22, 2022, would result in dismissal of this action. Petitioner has not responded to Judge Farrish's Order. The undersigned notes that petitioner's address of record is not in a correctional facility; however, he asserts that he is in custody under "Home Confinement[,]" Doc. #1 at 2, and filed his motion for leave to proceed in forma pauperis on a form that states: "THIS FORM IS FOR PRISONERS ONLY." Doc. #2 at 1. It is not clear to the undersigned whether petitioner now has, or has had in the past six months, an inmate trust account. It is clear, however, that petitioner has failed to respond to the Court's Order. At this point, the Court does not have sufficient information to grant petitioner's motion for leave to proceed in forma pauperis. Accordingly, the motion is DENIED. This case is therefore DISMISSED, without prejudice to reopening on or before December 1, 2022. If petitioner wishes to reopen this case, he may file a motion to reopen, together with either the filing fee of $5.00 or a renewed application to proceed in forma pauperis. It is so ordered. Signed by Judge Sarah A. L. Merriam on 10/12/2022. (Powers, L.)
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| Docket Entry Correction re 6 Order of Transfer. Modified Order to reflect it was entered in error. (Caffrey, A.) |
| Filing 6 ENTERED IN ERROR - ORDER OF TRANSFER. Case reassigned to Judge Kari A. Dooley for all further proceedings. Signed by Clerk on 10/5/2022.(Hushin, Z.) Modified to reflect entered in error on 10/7/2022 (Caffrey, A.). |
| Filing 5 NOTICE OF INSUFFICIENCY. The plaintiff has filed a motion for leave to proceed in forma pauperis; in other words, he seeks to commence a federal lawsuit without pre-paying the filing fee. A federal law, 28 U.S.C. 1915, permits him to do so if, among other things, he files a certified copy of his inmate trust account statement for the six month period preceding his complaint. In this case, the plaintiff did not do so. He also did not use the in forma pauperis application form approved for use in the District of Connecticut.The Clerk of the Court is respectfully directed to send a blank application form to the plaintiff at his address of record. The plaintiff is directed to complete the form, and to file it with the Clerk of the Court along with a copy of his inmate trust account statement covering at least the period from February 28, 2022 to August 29, 2022. If the plaintiff does not do these things by September 22, 2022, his case may be dismissed. Signed by Judge Thomas O. Farrish on 9/2/2022.(Corriette, M.) |
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Sarah A. L. Merriam on 8/29/2022. (Oliver, T.)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Sarah A. L. Merriam on 8/29/2022. (Oliver, T.)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Andrew Impellitteri. (Attachments: #1 copy of envelope)(Oliver, T.) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Andrew Impellitteri. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 copy of envelope) (Oliver, T.) |
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| Petitioner: Andrew Impellitteri | |
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| Respondent: Federal Bureau of Prisons | |
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