Castillo v. Pullen
| T. Pullen |
| Higinio Castillo |
| 3:2022cv01470 |
| November 21, 2022 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Robert A Richardson |
| 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 December 13, 2022. A more recent docket listing may be available from PACER.
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Filing 9
ORDER TO SHOW CAUSE: On November 21, 2022, Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241 to challenge a disciplinary proceeding. Pet., ECF No. #1 . It is hereby ORDERED that Respondent file a response on or before February 3, 2023, as to why the relief prayed for in the petition for writ of habeas corpus should not be granted, and it is ORDERED that the Clerk of the Court serve a copy of this order and a copy of the petition and all attachments to Respondents representative, Michelle McConaghy, Assistant U.S. Attorney, Office of the United States Attorney, by email on or before December 30, 2022. Signed by Judge Kari A. Dooley on 12/13/2022. (Stamegna, Ashley)
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| Filing fee received from Higinio Castillo: $ 5.00, receipt number BPT13394. (Imbriani, Susan) |
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Filing 8
ORDER DENYING Petitioner's #6 Motion to Proceed In Forma Pauperis [ECF No. 6]. The decision of whether to permit a litigant to proceed in forma pauperis in a civil case is committed to the sound discretion of the district court. See Brooks v. Aiden 0821 Capital LLC, 2020 WL 4614323, at *5 (E.D.N.Y. July 22, 2020); Rahimi v. Sec. of Navy, 2019 WL 6529458, at *2 (D. Conn. Dec. 4, 2019); Fridman v. City of New York, 195 F. Supp. 2d 534, 536 (S.D.N.Y. 2002). A litigant need not be absolutely destitute to qualify for in forma pauperis status. A relevant consideration is whether the burden of paying the fees for filing and service would hamper the plaintiff's ability to obtain the necessities of life or force him to abandon the action. See Vann v. Comm'r of N.Y. City Dep't of Corr., 496 F. App'x 113, 115 (2d Cir. 2012); Potnick v. E. State Hosp., 701 F.2d 243, 244 (2d Cir. 1983). Here, Petitioner's recent prisoner account statement submitted on December 5, 2022 shows an account balance of $120.70. ECF No. #7 . Accordingly, Petitioner has more than sufficient funds to pay the five dollar ($5.00) filing fee for his habeas action without hampering his ability to obtain his basic necessities. All further proceedings in this matter shall be held in abeyance until January 8, 2023, pending Petitioner's delivery of the filing fee in the amount of $5.00 (money order or bank check made payable to the Clerk of Court) to the Clerk's Office, 915 Lafayette Boulevard, Bridgeport, CT 06604. Failure to tender the filing fee by January 8, 2023 shall result in the dismissal of this petition. Signed by Judge Kari A. Dooley on 12/8/2022. (Stamegna, Ashley)
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| Filing 7 Prisoner Trust Fund Account Statement by Higinio Castillo. (Fanelle, N.) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Higinio Castillo. (Fanelle, N.) |
| Filing 5 NOTICE of Exhibit A by Higinio Castillo re #3 Standing Protective Order. (Fanelle, N.) |
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 11/21/2022. (Fanelle, N.)
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Filing 3
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 11/21/22. (Fanelle, N.)
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Filing 2
ORDER: We received your Petition for Writ of Habeas Corpus which has been assigned case number 3:22-cv-1470. In order to proceed, the filing fee or a Motion for Leave to Proceed In Forma Pauperis must be submitted to the Court by 12/21/2022 or the case will be subject to dismissal. Fee information and the Motion for Leave to Proceed In Forma Pauperis form may be found on the Court's website at ctd.uscourts.gov. Dismissal due by 12/21/2022 Signed by Clerk on 11/21/2022. (Oliver, T.)
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Higinio Castillo. (Attachments: #1 copy of envelope) (Oliver, T.) |
| Judge Kari A. Dooley and Judge Robert A. Richardson added. (Oliver, T.) |
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| Petitioner: Higinio Castillo | |
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| Defendant: T. Pullen | |
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