Candelaria v. Tompkins
| Shakira Candelaria |
| Tompkins |
| 3:2023cv01226 |
| September 19, 2023 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| Omar A Williams |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 11
ORDER. Petitioner filed a motion for appointment of counsel apparently seeking legal assistance with what she understands to be a separate state court case currently pending in Connecticut. First, the court respectfully must note that the above-captioned case has been closed with notification to Petitioner, see ECF Nos. 6, 9. Thus, Petitioner should not file additional motions on the docket of this closed case. Because the motion suggests that what she seeks is appointment of counsel in another, separate case, this motion (and all other motions related to that case) should be filed on that other case's docket instead. Secondly, Petitioner should note that a plaintiff in a civil case is not entitled to appointment of counsel on request, and that the United States Court of Appeals for the Second Circuit repeatedly has cautioned against the routine appointment of counsel. See, e.g., Hendricks v. Coughlin, 114 F.3d 390, 393 (2d Cir. 1997); Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989). In filing a motion for appointment of counsel in the other case, plaintiff first must show that she has "sought counsel and has been unable to obtain it." McDonald v. Head Crim. Ct. Supervisor Officer, 850 F.2d 121, 123 (2d Cir. 1988). Once a plaintiff has made such a showing, she must then demonstrate that her complaint passes the test of "likely merit." Cooper, 877 F.2d at 173. She must demonstrate that the claims in the complaint have a sufficient basis to justify appointing a volunteer lawyer to pursue them.At the same time, Petitioner may access certain resources and assistance through: New Haven Legal Assistance Association, Inc. (at www.nhlegal.org/federalprose, or by phone, at (203) 850-7720), and specifically Attorney Cat Itaya (at citaya@nhlegal.org). Signed by Judge Omar A. Williams on 11/8/2023. (Kim, Hyo June)
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| Filing 10 MOTION to Appoint Counsel by Shakira Candelaria. (Attachments: #1 Envelope) (Peterson, M) Modified on 11/9/2023 (Velez, F.). |
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Filing 9
NOTICE. After the court dismissed their previous petition, the petitioner has filed a separate petition which includes all pages of the form. This time, however, the form is completely blank. For much of the same reasons stated in the previous order, see ECF No. 6, the court must dismiss this petition pursuant to 28 U.S.C. Section 1915(e). Those seeking to file a petition for writ of habeas must complete the form with sufficient information and facts such that it states a claim on which relief may be granted. Should the petitioner seek to file another petition, they should no longer use the case number under which the previous order was issued. Case number 3:23-cv-01226-OAW is now closed.In dismissing this case, the court finds as moot #8 Petitioner's Motion for Leave to Proceed in forma pauperis. Signed by Judge Omar A. Williams on 10/04/2023. (Kim, Hyo June)
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| Filing 8 MOTION for Leave to Proceed in forma pauperis by Shakira Candelaria. (Peterson, M) |
| Filing 7 PETITION for Writ of Habeas Corpus, filed by Shakira Candelaria. (Attachments: #1 Envelope) (Peterson, M) |
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Filing 6
ORDER dismissing case. Under 28 U.S.C. section 1915(e), courts are required to dismiss any action that is frivolous or that fails to state a claim upon which relief can be granted. Upon review, the court cannot find a cognizable federal claim nor any factual allegations in the petition. Petitioner's filing only includes the petitioner's name, the respondent's name, and the prison facility in which the petitioner is currently located. The court recognizes that the requisite paperwork may have been lost or mistakenly omitted, but because the plaintiff has not stated a claim the court must dismiss this action. Accordingly, the petition is dismissed without prejudice such that Petitioner may refile a new petition that satisfies the requirements for filing. The Clerk of Court is asked, respectfully, to close this case. Signed by Judge Omar A. Williams on 09/20/2023. (Kim, Hyo June)
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Filing 5
Standing Order to Litigants Regarding Letters to the Court Signed by Judge Omar A. Williams on 09/19/2023. (Peterson, M)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Omar A. Williams on 09/19/2023. (Peterson, M)
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Filing 3
STANDING PROTECTIVE ORDER Signed by Judge Omar A. Williams on 09/19/2023. (Peterson, M)
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Filing 2
ORDER: We received your Petition for Writ of Habeas Corpus which has been assigned case number 3:23-cv-1226. In order to proceed, the filing fee or a Motion for Leave to Proceed In Forma Pauperis must be submitted to the Court by 10/19/2023 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 10/19/2023 Signed by Clerk on 9/19/2023. (Oliver, T.)
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Shakira Candelaria. (Attachments: #1 copy of envelope) (Oliver, T.) |
| Judge Omar A. Williams and Judge Thomas O. Farrish added. (Oliver, T.) |
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| Petitioner: Shakira Candelaria | |
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| Respondent: Tompkins | |
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