Wells v. Tuths et al
| Melvin Wells |
| Patrick Tuths, Erin Perrotta, Lameik Black and Tien Ngo |
| 3:2023cv01142 |
| August 29, 2023 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Robert M Spector |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 DEFENDANTS' ANSWER to #10 Amended Complaint with Affirmative Defenses. by Lameik Black, Tien Ngo, Erin Perrotta, Patrick Tuths.(Kascak, Richard) |
| Filing 13 NOTICE of Appearance by Richard G. Kascak, Jr on behalf of Lameik Black, Tien Ngo, Erin Perrotta, Patrick Tuths (Kascak, Richard) |
| Filing 12 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Lameik Black, Tien Ngo, Erin Perrotta, Patrick Tuths * with answer to complaint due within *21* days. Attorney *Robert M. Berke* *Law Office of Robert M. Berke* *640 Clinton Avenue* *Bridgeport, CT 06605*. (Fanelle, N.) |
Filing 11
ORDER adopting #9 Recommended Ruling. The Court has reviewed Magistrate Judge Spector's Recommended Ruling concerning the #2 Motion for Leave to Proceed in forma pauperis and his initial review of Plaintiff's complaint pursuant to 28 U.S.C. 1915(e)(2)(B). The Recommended Ruling contains an accurate statement of the applicable law and a thoroughly reasoned analysis and application of that law to the circumstances presented here. Plaintiff did not file an objection. Instead, Plaintiff filed an Amended Complaint that addresses the deficiencies identified by Judge Spector by eliminating those claims found to be inadequately pleaded. The Recommended Ruling is Accepted, Adopted, and So Ordered. The case can proceed to service on the Amended Complaint. Signed by Judge Kari A. Dooley on 10/2/2023. (Chambers, Jillian)
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| Filing 10 AMENDED COMPLAINT against All Defendants, filed by Melvin Wells.(Berke, Robert) |
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Filing 9
RECOMMENDED RULING: As set forth in the attached Recommended Ruling, the plaintiff's Motion to Proceed In Forma Pauperis (Doc. No. #2 ) is GRANTED, and the Court recommends that the complaint, as drafted, be permitted to go forward as to the plaintiff's section 1983 claims for excessive force and failure to intervene and common law claims for assault, battery, and negligent infliction of emotional distress. The Court recommends that the plaintiff's section 1983 and common law claims for false arrest and malicious prosecution should be dismissed without prejudice to refiling in an amended complaint which sets forth the required element that the criminal proceedings referenced in the original complaint terminated in the plaintiff's favor. If the plaintiff elects to file an Amended Complaint, that pleading must comply with the Federal and Local Rules of Civil Procedure and must be filed on or before October 22, 2023. It must be captioned Amended Complaint, and will completely supersede the current Complaint. Before filing any Amended Complaint, plaintiff must carefully review this Recommended Ruling and ensure that any Amended complaint addresses the deficiencies identified herein. The Court will review the Amended Complaint pursuant to 28 U.S.C. 1915(e)(2)(B). If the Amended Complaint fails to state a claim for which relief may be granted as to any claim already reviewed by the Court, such claims may be dismissed with prejudice upon review under 28 U.S.C. 1915(e)(2)(B).This is a recommended ruling. See FED. R. CIV. P. 72(b)(1). Any objections to this recommended ruling must be filed with the Clerk of the Court within fourteen (14) days after filing of such order. See D. CONN. L. CIV. R. 72.2(a). Any party receiving notice or an order or recommended ruling from the Clerk by mail shall have five (5) additional days to file any objection. See D. CONN. L. CIV. R. 72.2(a). Failure to file a timely objection will preclude appellate review. See 28 U.S.C. 636(b)(1); FED. R. CIV. P. 6(a) & 72; D. CONN. L. CIV. R. 72.2; Impala v. United States Dept. of Justice, 670 F. App'x 32 (2d Cir. 2016) (summary order) (failure to file timely objection to Magistrate Judges recommended ruling will preclude further appeal to Second Circuit); Small v. Secretary of H.H.S., 892 F.2d 15 (2d Cir. 1989) (per curiam). 13 Pages. Objections due by 10/6/2023. Signed by Judge Robert M. Spector on September 22, 2023.(Blickley, Jaclyn)
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Filing 8
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. (See Doc. No. 9). Signed by Judge Robert M. Spector on September 22, 2023. (Blickley, Jaclyn)
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Filing 7
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for ruling on #2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge Kari A. Dooley on 8/29/2023.Motion referred to Magistrate Judge Robert M. Spector.(Gould, K.)
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 8/29/2023.(Gould, K.)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 8/29/2023.(Gould, K.)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 10/28/2023; Discovery due by 2/28/2024; Dispositive Motions due by 4/3/2024. Signed by Clerk on 8/29/2023.(Gould, K.)
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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 8/29/23.(Hushin, Z.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Melvin Wells. (Berke, Robert) |
| Filing 1 COMPLAINT against All Defendants, filed by Melvin Wells.(Berke, Robert) |
| Judge Kari A. Dooley and Judge Robert M. Spector added. (Oliver, T.) |
| Request for Clerk to issue summons as to All Defendants. (Berke, Robert) |
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