Barletta v. Quiros et al
| John Christopher Barletta |
| Angel Quiros, Mulligan, Dave Maiga and Garcia |
| 3:2022cv01110 |
| September 1, 2022 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2023. A more recent docket listing may be available from PACER.
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Filing 21
Standing Order re: Initial Discovery Disclosures Signed by Judge Stefan R. Underhill on 10/28/2022. (Oliver, T.)
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REQUEST FOR WAIVER of Service sent to Angel Quiros on 10/28/2022. Waiver of Service due by 12/2/2022 (Oliver, T.)
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Filing 20
ORDER. In the Initial Review Order ("IRO"), the Court advised plaintiff that he had two options: he could "proceed immediately to service on his Eighth Amendment Conditions of Confinement claim and Fourteenth Amendment Procedural Due Process claim against defendant Quiros in his individual capacity, for damages[,]" or he could file an Amended Complaint. Doc. #16 at 8-9. Plaintiff has now filed a Notice indicating that he prefers to proceed immediately to service solely against defendant Quiros, on the claims that were permitted to proceed in the IRO. See Doc. #19 . The Clerk of Court is respectfully directed to begin the process of attempting to obtain a waiver of service from, and, if necessary, to effect service of process on, defendant Quiros, in his individual capacity. It is so ordered. Signed by Judge Sarah A. L. Merriam on 10/26/2022. (Powers, L.)
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Filing 19
NOTICE re Service by Angel Quiros (Caffrey, A.)
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Filing 18
NOTICE of Change of Address by John Christopher Barletta (Corriette, M.)
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Filing 17
ORDER denying #3 Motion to Appoint Counsel.Plaintiff has filed a Motion for Appointment of Counsel. He represents that he has contacted a number of private attorneys and organizations seeking representation. See Doc. #3 at 5. 28 U.S.C. 1915(e)(1) provides: "The court may request an attorney to represent any person unable to afford counsel." However, "[c]ivil litigants, unlike criminal defendants, do not have a constitutional right to the appointment of counsel." Mustafa v. Stanley, No. 3:19CV01780(VAB), 2020 WL 6536910, at *2 (D. Conn. Nov. 6, 2020). Rather, a district court has broad discretion in deciding whether to appoint pro bono counsel in a civil case. See id. (citing Hodge v. Police Officers, 802 F.2d 58, 60 (2d Cir. 1986)). The Second Circuit has cautioned the district courts against the routine appointment of counsel and has emphasized the importance of requiring an indigent plaintiff to demonstrate the likely merit of his claims before counsel is appointed. See, e.g., Ferrelli v. River Manor Health Care Ctr., 323 F.3d 196, 203-04 (2d Cir. 2003); Hendricks v. Coughlin, 114 F.3d 390, 393 (2d Cir. 1997). The Court is mindful of the difficulties faced by a party litigating an action without an attorney, particularly when that party is incarcerated. However, plaintiff has not made a sufficient showing of the likely merit of his claims to justify the appointment of counsel in this matter, nor has he established that the case is complex enough that he cannot manage it without counsel. Indeed, after initial review, this case has been permitted to proceed against a single defendant. The Court cannot ask private attorneys to take on cases without compensation unless there is a very strong showing of both the merit of the case, and the need of the individual plaintiff. Plaintiff's Motion to Appoint Counsel is therefore DENIED, without prejudice. If plaintiff files a renewed motion for the appointment of counsel in the future, he will be required to show that he has contacted no fewer than three attorneys regarding his case since the date of this Order regarding representation on a contingency fee basis, rather than pro bono. It is so ordered. Signed by Judge Sarah A. L. Merriam on 10/12/2022. (Powers, L.)
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Filing 16
INITIAL REVIEW ORDER. Plaintiff shall carefully review the attached Order and comply with all deadlines and requirements therein. It is so ordered. Signed by Judge Sarah A. L. Merriam on 10/11/2022. (Powers, L.)
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Docket Entry Correction re 15 Order of Transfer. Modified Order to reflect entered in error. (Caffrey, A.)
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Filing 15
ENTERED IN ERROR - ORDER OF TRANSFER. Case reassigned to Judge Sarala V. Nagala for all further proceedings. Signed by Clerk on 10/5/2022.(Hushin, Z.) Modified to reflect entered in error on 10/6/2022 (Caffrey, A.).
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Filing 14
NOTICE of Consent by John Christopher Barletta re #11 Notice (Oliver, T.)
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Filing 13
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Thomas O. Farrish on 9/22/22. (Pesta, J.)
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Filing 12
NOTICE - Violation of Legal Communication Rights by John Christopher Barletta. (Pesta, J.) Modified text to reflect caption of document on 10/5/2022 (Caffrey, A.).
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Filing 11
NOTICE. All parties are advised that they may elect to consent to the jurisdiction of a United States Magistrate Judge. United States Magistrate Judges do not conduct felony criminal trials; as a result, parties are often able to schedule a jury trial before a Magistrate Judge sooner and with more flexibility than a jury trial before a District Judge. If all parties consent to the jurisdiction of a United States Magistrate Judge, the parties should complete and file the attached consent form. If any party does not consent, that information should not be conveyed to the Court, and no consent form should be filed. The Court notes that ordinarily, where the parties consent to the jurisdiction of a Magistrate Judge, any Magistrate Judge who has previously been involved in confidential settlement discussions would not be assigned to hear the trial. Signed by Judge Sarah A. L. Merriam on 9/20/2022.(Caffrey, A.)
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Filing 10
Prisoner Trust Fund Account Statement by John Christopher Barletta. (Oliver, T.)
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Filing 9
NOTICE re: Insufficiency by John Christopher Barletta (Oliver, T.)
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Filing 8
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. The plaintiff is therefore directed to file with the Clerk of the Court a certified copy of his inmate trust account statement covering at least the period from February 28, 2022 to August 30, 2022. If he does not do so by September 27, 2022, his case may be dismissed. Signed by Judge Thomas O. Farrish on 9/6/2022.(Corriette, M.)
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Filing 7
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 9/2/2022.(Caffrey, A.)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Sarah A. L. Merriam on 9/1/2022.(Imbriani, Susan)
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Filing 5
Prisoner E-Filing Standing Order on Prisoner Electronic Filing Program Signed by Judge Janet C. Hall on 9/1/2022.(Imbriani, Susan)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Sarah A. L. Merriam on 9/1/2022.(Imbriani, Susan)
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Filing 3
MOTION to Appoint Counsel by John Christopher Barletta. (Imbriani, Susan)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by John Christopher Barletta. (Imbriani, Susan)
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Filing 1
COMPLAINT against Garcia, Dave Maiga, Mulligan, Angel Quiros, filed by John Christopher Barletta.(Imbriani, Susan)
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