Daniels v. Gongne et al
| LaDean Daniels |
| Gongne, K. Phillips, J. Brennan, Christopher Shea and Gerard G Gangne |
| 3:2023cv00443 |
| April 6, 2023 |
| US District Court for the District of Connecticut |
| Sarala V Nagala |
| Robert A Richardson |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 19
ORDER. The Court is in receipt of ECF No. #14 , in which Plaintiff requests to correct the spelling of Defendant Gongne's name. Plaintiff's request is granted, and the Clerk is directed to change the name of Defendant "Gongne" to "Doctor Gerard G. Gangne." Signed by Judge Sarala V. Nagala on 06/01/2023. (Kuegler, Adam)
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| Filing 18 Statement, by LaDean Daniels. (Mendez, D) |
| Filing 17 AFFIDAVIT, Signed By LaDean Daniels, filed by LaDean Daniels. (Mendez, D) |
| Filing 16 Prisoner Trust Fund Account Statement, by LaDean Daniels. (Mendez, D) |
| Filing 15 MOTION for Leave to Proceed in forma pauperis, by LaDean Daniels. (Mendez, D) |
| Filing 14 NOTICE of Correct Spelling of Defendants Name, by LaDean Daniels. (Mendez, D) |
| Set Deadline: Revised IFP Application or Dismissal due by 6/9/2023. (Bozek, M.) |
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Filing 13
ORDER granting #12 Motion to Reconsider. In light of the representations in Plaintiff's motion at ECF No. #12 regarding his difficulties in obtaining inmate account statements, the Court will reopen this case and provide Plaintiff with two additional weeks to submit a revised application for leave to proceed in forma pauperis ("IFP"). Accordingly, the Clerk is directed to reopen this case. By June 9, 2023, Plaintiff may file a revised IFP application that complies with Judge Farrish's instructions in the notice of insufficiency at ECF No. 10. If no such revised IFP application is submitted by June 9, 2023, this case will once again be dismissed. If Plaintiff requires additional time to submit a revised IFP application, then he must file a motion for extension of time that fully complies with Local Rule 7(b). Signed by Judge Sarala V. Nagala on 05/26/2023. (Kuegler, Adam)
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| Filing 12 MOTION to Reconsider, by LaDean Daniels. (Mendez, D) |
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Filing 11
ORDER DISMISSING CASE. In the notice of insufficiency at ECF No. 10, Judge Farrish directed Plaintiff to file a revised application for in forma pauperis ("IFP") status and stated that, if Plaintiff did not do so by May 9, 2023, this case would be subject to dismissal. To date, no such revised IFP application has been received. Accordingly, Plaintiff's motion for leave to proceed IFP at ECF No. #8 is denied and this action is dismissed. The Clerk is directed to close this case. Signed by Judge Sarala V. Nagala on 05/17/2023. (Kuegler, Adam)
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| Filing 10 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 an affidavit demonstrating his inability to pay and a certified copy of his inmate trust account statement for the six month period preceding his complaint.In this case, the plaintiff has filed a copy of his inmate trust account statement showing six months of transactions but his application form is incomplete. The plaintiff has not filled out pages 4 or 5, which are the required authorization and certification pages. Additionally, a number of entries in his trust account statement demonstrate that his application to proceed in forma pauperis has not been filled out with the ''particularity, definiteness and certainty'' that the law requires. Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015). The plaintiff wrote on his application form that he receives $21 a month from a job at the correctional facility, but has received no other income or gifts in the last twelve months. His trust account statement, however, contains over $1,000 in deposits in the past six months. This also differs from what the plaintiff wrote in an IFP application filed recently in another suit. See Daniels v. Fener, 3:23-cv-441-SVN, ECF No. 2.In determining if a plaintiff's financial circumstances qualify for in forma pauperis status, courts consider not only his personal resources, but also resources that an applicant ''has or can get from those who ordinarily provide the applicant with the necessities of life.'' Fridman v. City of New York, 195 F. Supp. 2d 534, 537 (S.D.N.Y. 2002). The court cannot fully evaluate the plaintiff's application unless and until it knows who made the deposits into his account, and that person's resources to pay the filing fee. 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 therefore directed to file another application form (1) with the certification and authorization pages completed, and (2) that accurately sets forth the amount of money he has received and identifies the source of these deposits, along with a statement of that person's (or persons') financial resources. In other words, if, say, the deposits came from a family member, the plaintiff must say so, and must explain that family member's financial resources and ability to pay the fee. If he does not do so by May 9, 2023, his case may be dismissed. Finally, the plaintiff is respectfully reminded that the application form is signed under penalty of perjury and all of his entries on the form must be true, correct, and complete. Signed by Judge Thomas O. Farrish on 4/18/23.(Corriette, M.) |
| Filing 9 Prisoner Trust Fund Account Statement by LaDean Daniels. (Mendez, D) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis, by LaDean Daniels. (Attachments: #1 Envelope) (Mendez, D) |
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Sarala V. Nagala on 4/6/2023. (Mendez, D)
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Filing 6
STANDING ORDER ON PRISONER ELECTRONIC FILING PROGRAM. Signed by Judge Janet C. Hall on 4/6/2023. (Mendez, D)
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Filing 5
STANDING PROTECTIVE ORDER. Signed by Judge Sarala V. Nagala on 4/6/2023. (Mendez, D)
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| Filing 4 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a 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 4/6/2023. (Fanelle, N.) |
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Filing 3
ORDER: We received your Complaint which has been assigned case number 3:23cv00443. In order to proceed, the filing fee or a Motion for Leave to Proceed In Forma Pauperis must be submitted to the Court by 5/6/2023 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 5/6/2023. Signed by Clerk on 4/6/2023. (Fanelle, N.)
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| Filing 2 Prisoner Trust Fund Account Statement by LaDean Daniels. (Fanelle, N.) |
| Filing 1 COMPLAINT against J. Brennan, Gongne, K. Phillips, Christopher Shea, filed by LaDean Daniels. (Attachments: #1 Envelope) (Fanelle, N.) |
| Judge Sarala V. Nagala and Judge Robert A. Richardson added. (Nuzzi, Tiffany) |
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