Smith v. Pullen
| Brenda Ann Smith |
| Pullen and Warden Timethea Pullen |
| 3:2022cv01554 |
| December 7, 2022 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| Jeffrey A Meyer |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Filing 13 NOTICE - Additional Documentation by Brenda Ann Smith (Attachments: #1 Envelope)(Chartier, AnnMarie) |
| Filing 12 Petitioner Smith's REPLY to Respondent's Response to Show Cause Order and Motion to Dismiss (Doc. #9 ). (Attachments: #1 letter, #2 envelope)(Barry, Donna) |
Filing 11
ORDER ON THE PLAINTIFFS IN FORMA PAUPERIS APPLICATION. On December 16, 2022, the Court received from the plaintiff an #6 Affidavit or Declaration in Support of Motion for Leave to Proceed In Forma Pauperis (the Affidavit). The plaintiff has already paid the $5.00 filing fee applicable to petitions for habeas corpus relief, and the Court entered the receipt of same on the docket on December 12, 2022. Further, the Clerk of the Court emailed the plaintiffs petition with all attachments to the relevant authorities pursuant to the Order to Show Cause dated December 9, 2022 (see ECF No. 5.); thus, it would seem that she will not incur any costs for service of process. At the moment, she does not appear to be facing any expenses that would prevent her case from proceeding. I therefore interpret her in forma pauperis Affidavit as a request that she be excused in advance from paying fees or costs that she might incur in the future for example, fees for preparing transcripts of proceedings, for printing the record, etc. However, the plaintiff has not shown that she is unable to pay those expenses. Courts typically excuse plaintiffs from paying fees only when payment would constitute serious hardship. Fiebelkorn v. U.S., 77 Fed. Cl. 59, 62 (2007); Moralez v. Rembisz, No. 3:20-cv-00192 (JCH), slip op. at 2 (Feb. 14, 2020). Here, the plaintiff has not shown that any of the fees she is likely to incur would constitute a serious hardship in light of her financial picture. As of December 6, 2022, she had $105.58 in her inmate trust account. (ECF No. 7, at 1.) Also, questions about whether plaintiffs can pay fees subsequent to the initial filing fee are usually addressed at the time those fees arise. See Walker v. Peoples Exp. Airlines, Inc., 886 F.2d 598 (3d Cir. 1989) (holding that when a litigant pays the initial filing fee but asks to be excused from later fees, he must... show that he is unable to pay the particular cost at issue). Because the Court cannot make this determination until it knows the fees that the plaintiff proposes to incur, and what resources she has at that time, it would be premature to attempt that determination now. Accordingly, the plaintiffs in forma pauperis #6 Affidavit is DENIED without prejudice to refiling at a later date, when she knows what fees she might incur. If she re-files, she must file a statement of her then-existing financial circumstances, to include an updated inmate trust account statement. Signed by Judge Thomas O. Farrish on 12/20/2022.(Corriette, M.)
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| Filing 10 CERTIFICATE OF SERVICE by Timethea Pullen of Local Rule 12(a) Notice to Self-Represented Litigants (Putnam, Nathaniel) |
| Filing 9 MOTION to Dismiss and Response to Show Cause Order by Timethea Pullen.Responses due by 1/10/2023 (Attachments: #1 Exhibit A - Smith's Admin Grievances)(Putnam, Nathaniel) |
| Filing 8 NOTICE of Appearance by Nathaniel Michael Putnam on behalf of Timethea Pullen (Putnam, Nathaniel) |
| Filing 7 Prisoner Trust Fund Account Statement by Brenda Ann Smith. (Chartier, AnnMarie) |
| Filing 6 AFFIDAVIT or Declaration in Support of Motion for Leave to Proceed in Forma Pauperis Signed By Brenda Ann Smith filed by Brenda Ann Smith. (Attachments: #1 Letter Re: Filing Fee, #2 Envelope)(Chartier, AnnMarie) |
| Docket Entry Correction Order to Show Cause (Doc. #5) - The deadline for a response was updated to February 6, 2023. (Barry, Donna) |
| Filing fee received from Brenda Smith: $ 5.00, receipt number BPT13396 (Imbriani, Susan) |
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Filing 5
ORDER TO SHOW CAUSE. It is hereby ORDERED that the respondent file any response on or before February 6, 2023 why the relief prayed for in the petition for writ of habeas corpus should not be granted, and it is ORDERED that the Clerk serve a copy of this order and a copy of the petition with all attachments to the respondent's representative at the United States Attorney's Office, AUSA Michelle McConaghy by email on or before December 14, 2022. It is so ordered. Signed by Judge Jeffrey A. Meyer on 12/9/22.(Barry, Donna) Modified text on 12/12/2022 (Barry, Donna).
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 12/7/2022.(Chartier, AnnMarie)
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Filing 3
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 12/7/2022.(Chartier, AnnMarie)
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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-1554. In order to proceed, the filing fee or a Motion for Leave to Proceed In Forma Pauperis must be submitted to the Court by 1/6/2023 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 1/6/2023 Signed by Clerk on 12/7/2022. (Oliver, T.)
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Brenda Ann Smith. (Attachments: #1 Attachment, #2 Proof of Fee Request, #3 Copy of Letter, #4 Copy of Envelope) (Oliver, T.) |
| Judge Jeffrey A. Meyer and Judge Thomas O. Farrish added. (Oliver, T.) |
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