Henton v. State of Connecticut Judicial Marshal Services
| Dean Henton |
| State of Connecticut Judicial Marshal Services |
| 3:2023cv00776 |
| June 20, 2023 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Robert M Spector |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on August 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 Prisoner Trust Fund Account Statement by Dean Henton. (Attachments: #1 Envelope) (Peterson, M) |
Filing 15
ORDER GRANTING #11 Motion for Leave to Proceed in forma pauperis; DENYING as moot #2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Thomas O. Farrish on 8/7/23. (Pesta, J.)
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| Filing 14 Prisoner Trust Fund Account Statement by Dean Henton. (Peterson, M) |
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Filing 13
NOTICE OF INSUFFICIENCY. The Court previously informed Mr. Henton that his in forma pauperis application is insufficient because it was missing a complete copy of his inmate trust account statement for the six month period preceding his complaint. (See Docket No. 5.) In response, Mr. Henton submitted yet another incomplete copy of his trust account statement. The most recent version that he submitted is missing the second of its three pages.Federal law requires a six month trust account statement. See 28 U.S.C. 1915. And it does so for a good reason. When an inmate has the resources to pay the filing fee, but chooses to spend that money on other things, he "has demonstrated an implied evaluation of the suit that the district court is entitled to honor." Lumbert v. Ill. Dep't of Corr., 827 F.2d 257, 260 (7th Cir. 1987). And when the inmate provides an incomplete trust account statement, or no statement at all, he deprives the Court of its ability to make that evaluation. This is particularly true in this case, because Mr. Henton concedes that he "spent all of his savings" on other things. (Docket No. 11.) The Court is entitled to know how much he spent, when he spent it, and on what.The Court will permit Mr. Henton one more opportunity to provide a COMPLETE trust account statement. He is ORDERED to file a complete trust account statement, for the six month period preceding his complaint, on or before August 15, 2023. If he does not do so, his case may be dismissed. It is so ordered. Signed by Judge Thomas O. Farrish on 8/1/23.(Pesta, J.)
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| Filing 12 Prisoner Trust Fund Account Statement by Dean Henton. (Peterson, M) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis by Dean Henton. (Peterson, M) |
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Filing 10
ORDER re: #9 Plaintiff's Letter Date-Stamped July 14, 2023, which the Clerk of the Court construed and docketed as a motion for extension of time to cure the insufficiencies identified in the Court's prior order dated June 21, 2023. In the prior order, the Court allowed the plaintiff three full weeks to cure the insufficiencies in his in forma pauperis application. The Court receives dozens of in forma pauperis applications each month, including many from inmates at the MacDougall-Walker Correctional Institution, and few if any applicants have the troubles that Mr. Henton is reporting in responding to Court orders within three weeks. The Court will nevertheless grant his request and allow him two additional weeks (for a total of five) to cure the insufficiencies. Mr. Henton must comply with the Court's order of June 21, 2023 by July 26, 2023. If he does not do so, his case may be dismissed.Mr. Henton is respectfully reminded that if he wants the Court to do something, he must present his request through a proper motion that is signed pursuant to Federal Rule of Civil Procedure 11(a) and 11(b) and otherwise complies with the Federal and Local Rules of Civil Procedure. The Court ordinarily does not respond to or take action upon letters from parties. Signed by Judge Thomas O. Farrish on 7/18/2023. (Corriette, M.)
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| Filing 9 MOTION for Extension of Time by Dean Henton. (Attachments: #1 Envelope) (Peterson, M) |
| Filing 5 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 (completed the short-form application instead of the long-form), and failed to provide a signed certification of his inmate account balance. Furthermore, although the plaintiff did submit a certified copy of his inmate trust account, the account does not reflect the required six-month period preceding his complaint. For these reasons, his application is 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 signed certification of his account balance and a certified copy of his inmate trust account statement covering at least the period from December 20, 2022, to June 20, 2023. If he does not do so by July 12, 2023, his case may be dismissed. Signed by Judge Thomas O. Farrish on 6/21/2023.(Corriette, M.) |
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Filing 8
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Michael P. Shea on 6/20/2023. (Mendez, D)
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Filing 7
Standing Order on Prisoner Electronic Filing Program. Signed by Judge Janet C. Hall on 6/20/2023. (Mendez, D)
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Filing 6
STANDING PROTECTIVE ORDER. Signed by Judge Michael P. Shea on 6/20/2023. (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 6/20/2023.(Imbriani, Susan) |
| Filing 3 Prisoner Trust Fund Account Statement by Dean Henton. (Imbriani, Susan) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Dean Henton. (Imbriani, Susan) |
| Filing 1 COMPLAINT against State of Connecticut Judicial Marshal Services, filed by Dean Henton. (Attachments: #1 envelope)(Imbriani, Susan) |
| Judge Michael P. Shea and Judge Robert M. Spector added. (Oliver, T.) |
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| Plaintiff: Dean Henton | |
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