Staton v. Quiros
| Terrell Staton |
| Angel Quiros |
| 3:2023cv00494 |
| April 19, 2023 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| S Dave Vatti |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 9, 2023. A more recent docket listing may be available from PACER.
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Filing 22
ORDER denying #17 #18 Motions for Order. The Plaintiff has filed two "motions," which request a court order directing his prison counselor to sign the forms discussed above and for a subpoena to collect evidence relating to a potential claim against his counselor for failing to certify a copy of the trust account statement. There is no such claim in this case, nor would such a claim be properly joined as the issues relating to the prison trust account statement do not share a common transaction or occurrence as the allegations in the operative complaint. Fed. R. Civ. P. 20(a)(2). Nor is it apparent that the Plaintiff has exhausted his administrative remedies as to such claims, as required for raising a claim under the PLRA. The Plaintiff must exhaust his available administrative remedies before turning to the court for relief. Accordingly, both motions are denied. The Court has previously warned the Plaintiff from filing baseless motions. ECF No. 16. The Court will no longer entertain such motions in the future and will summarily deny the motions for failing to comply with the Federal Rules and this Court's orders. Signed by Judge Vanessa L. Bryant on 6/9/2023. (Burlingham, Corinne)
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Filing 21
ORDER. On May 5, 2023, the Plaintiff submitted a #13 Motion for Leave to Proceed in forma pauperis. The motion did not include a "certified copy of the trust account statement," as required under 28 U.S.C. 1915(a)(2). Judge Farrish issued a notice informing the Plaintiff of this insufficiency and afforded him until May 29, 2023 to submit a certified copy of the trust account statement. Since Judge Farrish's notice, the Plaintiff submitted four documents providing information on his efforts to obtain the certified copy of the trust account statement. He reports that on April 26, 2023, he submitted the forms to his counselor. The Plaintiff claims that two days later, he asked his counselor what the status of his request was. In response, the counselor allegedly told the Plaintiff that he did not have the forms on him at the time. According to the Plaintiff, on May 1, 2023, the counselor returned the forms, unsigned. On May 10, 2023, the Plaintiff purports to have submitted an Inmate Request Form to the "Counselor Supervisor," requesting the certified record. Underneath the request, but not in the section of the form where prison official responses are designated to be, is a handwritten note that says "Not happening thats not my jobs hears (sic) you balance thank you." This is neither dated nor signed. The Court finds this response suspicious because it is not in the section of the form prison official responses usually appear, there are clear spelling and grammatical errors suggesting the writer is not experienced in writing responses, and it is neither dated nor signed. In the Court's experience in reviewing prison official responses to inmate requests, the purported response is unusual. The Court does see the Plaintiff's dilemma if the circumstances are as he claims they are. However, section 1915(a)(2) does not confer discretion in the Court to grant in forma pauperis status absent a certified copy of the trust fund account. Meaning, the Plaintiff is required to submit the certified copy in order to receive in forma pauperis status. With that said, the Court is concerned about the possibility that prison officials are intentionally thwarting the Plaintiff's efforts to bring suit against prison officials. Accordingly, fairness supports affording the Plaintiff additional time to comply with this requirement, which he may be able to achieve by engaging in the prison grievance process. The Court extends the deadline for the Plaintiff to submit the certified copy of the trust account statement by 35 days. The Plaintiff is to submit proof of a Level 1 Appeal taken from the inmate request form he submitted from May 10, 2023 within 14 days of this order. Thereafter, the Plaintiff is to submit copies of the prison official's response when issued. The Plaintiff is warned that presenting knowingly false documentation and/or allegations to the Court will result in sanctions, including but not limited to, monetary sanctions on the Plaintiff and dismissal of this case. Fed. R. Civ. P. 11. Signed by Judge Vanessa L. Bryant on 6/9/2023. (Burlingham, Corinne)
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| Filing 20 Declaration in Support re #13 MOTION for Leave to Proceed in forma pauperis filed by Terrell Staton. (Attachments: #1 attachment, #2 attachment) (Gaskins, A.) |
| Filing 19 Prisoner Trust Fund Account Statement by Terrell Staton. (Attachments: #1 exhibit) (Gaskins, A.) |
| Filing 18 MOTION for Subpoena Order by Terrell Staton. (Gaskins, A.) |
| Filing 17 MOTION for an Order of Compliance Consent Decree. by Terrell Staton. (Attachments: #1 Envelope) (Gaskins, A.) |
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Filing 16
ORDER denying #7 , #8 , #10 , #11 , #12 Motions. The Plaintiff has filed several motions, many of which fail to comply with Rule 7. In his "suppression" motions, the Plaintiff does not request a court order, and thus the filing is not a motion that the Court is required to respond to. The Plaintiff is not required to, and generally should not, file discovery requests and evidence with the Court unless the evidence is necessary for the Court to adjudicate a then-pending motion, shortly before trial with the Joint Trial Memorandum, or when otherwise permitted by the Federal Rules of Civil Procedure or by this Court. In addition to his evidence/discovery motions, the Plaintiff also claims that his prison counselor has failed to complete a prison trust account certificate that is necessary for his motion to proceed in forma pauperis. The Plaintiff does not specify what he is seeking for the Court to do about this and the legal grounds authorizing his request. However, according to his filings, he only provided the forms approximately 2 days before filing his motion. This very short delay does not justify court action, even if court action was possible for correcting this issue. The Plaintiff has not demonstrated that he has taken any actions to correct this issue aside from filing a motion with the Federal District Court. The Plaintiff could have and must utilize the prison grievance process if he believes the counselor is infringing on his rights. For this reason, the Court denies the Plaintiff's request for leave to amend his complaint to raise allegations against this counselor. The Plaintiff's repeated filing of baseless motions is bordering on abuse of the judicial process. The Plaintiff is to refrain from filing baseless motions. To the extent the Plaintiff believes he has a valid motion requesting a court order, he must state with particularity the grounds for seeking the order and the relief sought. Fed. R. Civ. P. 7. Any motion must be accompanied by a memorandum of law. See D. Conn. L. Civ. R. 7(a). Signed by Judge Vanessa L. Bryant on 5/11/2023. (Burlingham, Corinne)
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| Filing 15 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 a certified copy of his inmate trust account statement for the six month period preceding his complaint. In this case, the plaintiff filed his inmate trust account statement for the six month period preceding his complaint, but it is not certified by a prison official. While he outlines his attempts to obtain such certification in his filings on the docket (see, e.g., ECF Nos. 9 and 12), he still must comply with this requirement. The plaintiff is therefore directed to file with the Clerk of the Court a certified copy of his inmate trust account statement covering at least the period from October 19, 2022 to April 19, 2023. If he does not do so by May 29, 2023, his case may be dismissed. Signed by Judge Thomas O. Farrish on 5/9/2023.(Corriette, M.) |
| Filing 14 Prisoner Trust Fund Account Statement by Terrell Staton. (Gaskins, A.) |
| Filing 13 MOTION for Leave to Proceed in forma pauperis by Terrell Staton. (Attachments: #1 Envelope) (Gaskins, A.) |
| Filing 12 MOTION To Introduce and Merge Defendant into Existing Suit for Damage Relief by Terrell Staton. (Gaskins, A.) |
| Filing 11 MOTION To Suppress by Terrell Staton. (Attachments: #1 Envelope) (Gaskins, A.) |
| Filing 10 MOTION To Suppress by Terrell Staton. (Gaskins, A.) |
| Filing 9 NOTICE:EMERGENCY ORDER by Terrell Staton (Gaskins, A.) |
| Filing 8 MOTION for Suppression of Evidence Order by Terrell Staton. (Attachments: #1 Envelope) (Gaskins, A.) |
| Filing 7 MOTION to Introduce Evidence by Terrell Staton. (Attachments: #1 Exhibit) (Gaskins, A.) |
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Vanessa L. Bryant on 4/19/2023. (Gaskins, A.)
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Filing 5
PRISONER E-FILING STANDING ORDER ON PRISONER ELECTRONIC FILING PROGRAM Signed by Judge Janet C. Hall on 4/19/2023. (Gaskins, A.)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Vanessa L. Bryant on 4/19/2023. (Gaskins, A.)
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| Filing 3 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 4/19/2023.(Imbriani, Susan) |
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Filing 2
ORDER: We received your Complaint which has been assigned case number 3:23cv494. In order to proceed, the filing fee or a Motion for Leave to Proceed In Forma Pauperis must be submitted to the Court by 5/19/2023 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 5/19/2023. Signed by Clerk on 4/19/2023.(Imbriani, Susan)
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| Filing 1 COMPLAINT against Angel Quiros, filed by Terrell Staton. (Attachments: #1 envelope)(Imbriani, Susan) |
| Judge Vanessa L. Bryant and Judge S. Dave Vatti added. (Nuzzi, Tiffany) |
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| Plaintiff: Terrell Staton | |
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| Defendant: Angel Quiros | |
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