Zeil v. United States Department of Justice
| Donald J. Zeil |
| United States Department of Justice |
| 3:2023cv00289 |
| March 3, 2023 |
| US District Court for the District of Connecticut |
| Victor A Bolden |
| Thomas O Farrish |
| Real Property: Other |
| 28 U.S.C. ยง 1361 Petition for Writ of Mandamus |
| None |
Docket Report
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| Filing 15 PROOF OF SERVICE by Donald J. Zeil (Imbriani, Susan) |
| Filing 14 SUMMONS Returned Executed by Donald J. Zeil. United States Department of Justice served on 4/10/2023, answer due 6/9/2023. (Imbriani, Susan) |
| Filing 13 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *United States Department of Justice* with answer to complaint due within *60* days. *Donald J. Zeil* *424 Flanders Road* *Southington, CT 06489*. (Mendez, D) |
| Request for Clerk to issue summons as to United States Department of Justice. (Mendez, D) |
Filing 12
ORDER denying #3 Motion to Appoint Counsel. Civil litigants, unlike criminal defendants, do not have a constitutional right to the appointment of counsel. See Leftridge v. Conn. State Trooper Officer No. 1283, 640 F.3d 62, 68 (2d Cir. 2011) ("A party has no constitutionally guaranteed right to the assistance of counsel in a civil case."). Rather, district judges have "[b]road discretion" as to the appointment of counsel in civil proceedings. Hodge v. Police Officers, 802 F.2d 58, 60 (2d Cir. 1986). The Second Circuit, however, has "caution[ed] [district courts] against routine appointment of counsel." Cooper v. A. Sargenti Co., 877 F.2d 170, 174 (2d Cir. 1989).Furthermore, a district court may appoint counsel under 28 U.S.C. 1915 only "where a litigant is indigent." Sears, Roebuck & Co. v. Charles W. Sears Real Est., Inc., 865 F.2d 22, 23 (2d Cir. 1988). Here, Plaintiff has paid the filing fee, ECF No. 11, and, as Judge Farrish noted in his recommended ruling on Plaintiff's motion for leave to proceed in forma pauperis, the combined income of Plaintiff and his spouse is nearly twice the poverty threshold for a family of two. See ECF No. #10 .Accordingly, Plaintiff's motion for appointment of counsel is DENIED. See Huminski v. Connecticut, No. 3:14-cv-1390 (MPS), 2015 WL 1650845, at *8 (D. Conn. Apr. 14, 2015) (declining to appoint counsel because the plaintiff paid the filing fee and could not otherwise demonstrate that he was indigent). In light of this Order, Plaintiff is advised to review the District of Connecticut's Guide for Self-Represented Litigants, which is available on the Court's website at https://www.ctd.uscourts.gov/forms/guide-self-represented-litigants.Signed by Judge Victor A. Bolden on 3/30/2023. (Sullivan, John)
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Filing 11
ORDER finding as moot #10 Recommended Ruling; finding as moot #2 Motion for Leave to Proceed in forma pauperis. The filing fee has been paid. Signed by Judge Victor A. Bolden on 3/30/2023. (Sullivan, John)
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| Filing fee received from Donald J. Zeil: $ 402.00, receipt number 605653 (Peterson, M) |
| Filing 10 RECOMMENDED RULING - Denying #2 MOTION for Leave to Proceed in forma pauperis filed by Donald J. Zeil, 3 Pages. Objections due by 4/7/2023. Signed by Judge Thomas O. Farrish on 3/24/23.(Wood, R.) |
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Filing 9
ORDER REFERRING CASE Judge Thomas O. Farrish for ruling on #2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge Victor A. Bolden on 3/21/2023.(Murphy, Tatihana)
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Filing 8
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 3/3/2023.(Imbriani, Susan)
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Filing 7
STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 3/3/2023.(Imbriani, Susan)
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| Filing 6 Notice: Pursuant to Federal Rule of Civil Procedure 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 3/3/2023.(Mendez, D) |
| Filing 5 Notice Of Pro Se Appearance, by Donald J. Zeil. (Mendez, D) |
| Filing 4 Consent to Electronic Notice By Self-Represented Litigant, by Donald J. Zeil. (Mendez, D) |
| Filing 3 MOTION For Appointment Of Counsel, by Donald J. Zeil. (Mendez, D) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, by Donald J. Zeil. (Mendez, D) |
| Filing 1 Petition For Writ Of Mandamus against United States Department of Justice, filed by Donald J. Zeil. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Attachment 5, #6 Attachment 6, #7 Attachment 7, #8 Attachment 8, #9 Attachment 9, #10 Attachment 10)(Mendez, D) |
| Judge Victor A. Bolden and Judge Thomas O. Farrish added. (Oliver, T.) |
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| Petitioner: Donald J. Zeil | |
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| Respondent: United States Department of Justice | |
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