Barile v. Guimont
| Evan G Barile |
| Armand Guimont |
| 3:2023cv00018 |
| January 5, 2023 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| Robert M Spector |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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Filing 11
ORDER granting #2 Motion for Leave to Proceed In Forma Pauperis. The plaintiff has filed a motion for leave to proceed in forma pauperis; in other words, he seeks to begin a lawsuit without prepaying the $402.00 filing fee. A federal law, 28 U.S.C. 1915, permits him to do so if, by filing an affidavit and a certified copy of his inmate trust account statement, he demonstrates that he is "unable to pay" the fee. The plaintiff has now filed the proper affidavit accompanied by a certified copy of his trust account statement. The two documents demonstrate that his current balances is $2.68, and that his balance has not exceeded $136.15 at any point over the past six months. The Court is therefore satisfied that he is "unable to pay" a $402.00 fee, and his motion is granted accordingly.The Court does note, however, that the plaintiff failed to disclose his prior litigation when he filled out his initial in forma pauperis application form. That form requires disclosure of "[a]ll prior cases" filed in federal court, yet the plaintiff did not disclose his earlier lawsuit, Barile v. Guimont, No. 3:21-cv-1653, which Judge Bryan dismissed for lack of subject matter jurisdiction. This omission is particularly difficult to understand when one considers that this case involves the same principal defendant and the same events. While the Court will not deny the plaintiff's in forma pauperis motion on account of the omission, the plaintiff is nonetheless admonished that all of his submissions to the Court must be true, accurate, and complete. Signed by Judge Thomas O. Farrish on 1/24/2023. (Corriette, M.)
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| Filing 10 Prisoner Trust Fund Account Statement, by Evan G Barile. (Mendez, D) |
| Filing 9 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 submits a financial affidavit showing that he is unable to pay, accompanied by a certified copy of his inmate trust account statement for the six month period preceding his complaint. To assist inmates in demonstrating inability to pay, the District of Connecticut has prepared a standard-form in forma pauperis application.In this case, the plaintiff submitted the wrong in forma pauperis application form. He also did not submit a certified copy of his inmate trust account statement. His application is therefore insufficient. The Clerk of the Court is respectfully directed to send the plaintiff a blank copy of the correct application form at his address of record. The plaintiff is directed to fill out the form completely and accurately, and to file it with the Clerk of the Court along with a certified copy of his inmate trust account statement covering at least the period from July 4, 2023 to January 4, 2023. If he does not do so by January 30, 2023, his case may be dismissed. Signed by Judge Thomas O. Farrish on 1/10/23.(Corriette, M.) |
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Filing 8
STANDING ORDER ON PRISONER ELECTRONIC FILING PROGRAM. Signed by Judge Janet C. Hall on 1-5-2023. (Shafer, J.)
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Filing 7
ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 1-5-2023. (Shafer, J.)
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Filing 6
STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 1-5-2023. (Shafer, J.)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 1-5-2023. (Shafer, J.)
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Filing 4
Order on Pretrial Deadlines: amended pleadings due by 3-6-2023, discovery due by 7-7-2023, dispositive motions due by 8-11-2023. Signed by Clerk on 1-5-2023. (Shafer, J.)
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| Filing 3 Notice: Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 7.1, any nongovernmental corporate party must electronically file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock or states that there is no such corporation. Such disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 1/5/2023.(Imbriani, Susan) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Evan G Barile. (Imbriani, Susan) |
| Filing 1 COMPLAINT against Armand Guimont, filed by Evan G Barile.(Imbriani, Susan) (Additional attachment(s) added on 1/6/2023: #1 notice of lawsuit and waiver) (Imbriani, Susan). |
| Judge Vanessa L. Bryant and Judge Robert M. Spector added. (Oliver, T.) |
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| Plaintiff: Evan G Barile | |
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| Defendant: Armand Guimont | |
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