Witt v. US Department of Education et al
| Wendy Witt |
| US Department of Education, Justice Department Debt Collection Services, Nelnet, Experian, Equifax, TransUnion and Innovis |
| 3:2023cv00562 |
| May 2, 2023 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Maria E Garcia |
| Contract: Other |
| 28 U.S.C. ยง 2201 Declaratory Judgement (Insurance) |
| None |
Docket Report
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This docket was last retrieved on May 12, 2023. A more recent docket listing may be available from PACER.
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Filing 9
ORDER denying #2 without prejudice Application to Proceed in District Court Without Prepaying Fees or Costs (short form). Denial is warranted because the Application provided is unsigned and does not contain the necessary declaration, under penalty of perjury, that the information provided is true and that a false statement may result in a dismissal of the claims. ECF No. 2, at 2. Further, Plaintiff used a short form that is used in some other federal courts, but not in the District of Connecticut. As Plaintiff was made aware in a different case, the correct District of Connecticut form may be found on the Court's website at https://www.ctd.uscourts.gov/sites/default/files/forms/IFP-for-CV-action-Rev-9-17-20.pdf. See Witt v. Stefonski, 3:22-cv-01489-TOF, ECF No. 8, at n.2 (D. Conn. Dec. 2, 2022). Accordingly, any renewal of her motion must be on the correct form and signed under penalty of perjury. A cursory review of the unsworn Application reveals that Plaintiff claims no earnings in the past twelve months. ECF No. 2, at 1. She also claims to have no cash on hand or bank account, and she claims she does not own anything of value. See, id., at 2. Plaintiff's Application does not explain how she supports herself. "Because no one can survive without any income, assets, or support from a third person, other courts have held that these sorts of affidavits must be incomplete and, by extension, fails to support in forma pauperis status." Witt v. Stefonski, 3:22-cv-01489-TOF, ECF No. 8, at 2-3 (D. Conn. Dec. 2, 2022) (noting that her Complaint states she "is a medical professional and doctor in the medical community " and that the Stonington assessor's website states that she owns a home with the appraised value of $881,000 and co-owns a second home with an appraised value of $127,400. The Court expressed "concern[] that the plaintiff may not have completed her application with the 'particularity, definiteness, and certainty' that the law requires.")(citing cases); see https://gis.stonington-ct.gov (last viewed May 12, 2023). Because Plaintiff has not yet shown an entitlement to in forma pauperis status, the Court orders that, by May 26, 2023, she must either (a) pay the $402 filing fee or (b) submit a revised financial affidavit that is sworn to using the District of Connecticut form that fully and candidly explains how she supports herself and, if she receives support from another person, provide a statement of that person's resources and ability to pay the filing fee. Signed by Judge Maria E. Garcia on 5/12/23. (Esposito, A.) Modified text on 5/15/2023 (Santos, Sarah).
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Maria E. Garcia for ruling on #2 MOTION for Leave to Proceed in forma pauperis and review of the complaint pursuant to 28 U.S.C. 1915. Signed by Judge Kari A. Dooley on 5/5/2023. Motion referred to Judge Maria E. Garcia.(Gould, K.)
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 5/2/2023. (Fanelle, N.)
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 5/2/2023. (Fanelle, N.)
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Filing 5
Order on Pretrial Deadlines: Amended Pleadings due by 7/1/2023 Discovery due by 11/1/2023 Dispositive Motions due by 12/6/2023 Signed by Clerk on 5/2/2023. (Fanelle, N.)
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| Filing 4 NOTICE by Wendy Witt (Imbriani, Susan) |
| 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 5/2/2023.(Imbriani, Susan) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Wendy Witt. (Imbriani, Susan) |
| Filing 1 COMPLAINT against Equifax, Experian, Innovis, Justice Department Debt Collection Services, Nelnet, TransUnion, US Department of Education, filed by Wendy Witt. (Attachments: #1 civil cover sheet, #2 envelope)(Imbriani, Susan) |
| Judge Kari A. Dooley and Judge Maria E. Garcia added. (Oliver, T.) |
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