O'Neill v. Department of Corrections et al
| Devin O'Neill |
| Department of Corrections, Martin, Oles, Perez, Bowers, Austin, Mohlrein, Angel Quiros, Kocienda, John Doe and John Kamorski |
| 3:2023cv01251 |
| September 25, 2023 |
| US District Court for the District of Connecticut |
| Sarala V Nagala |
| Robert M Spector |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 22, 2023. A more recent docket listing may be available from PACER.
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| Set deadline: notice or amended complaint due by 12-21-2023 per #10 Initial review Order. (Shafer, J.) |
Filing 10
INITIAL REVIEW ORDER. For the reasons explained in the attached Initial Review Order, all ADA and RA claims, Eighth Amendment claims, PREA claims, section 1988 claims, and all claims against Defendants DOC, Quiros, Martin, Perez, Oles, Kocienda, Mohlrein, Austin, Doe, and Kamorski are dismissed without prejudice pursuant to 28 U.S.C. 1915A(b)(1). Likewise, the request for injunctive relief is dismissed. The case will proceed on the Fourteenth Amendment deliberate indifference failure to protect and deliberate indifference to mental health needs claims against Defendant Bowers.Plaintiff has two options as to how to proceed in response to this Initial Review Order:(1)If Plaintiff wishes to proceed immediately on the claims against Defendant Bowers, and only as set forth above, he may do so without further delay. If Plaintiff selects this option, he shall file a notice on the docket by December 21, 2023, informing the Court that he elects to proceed with service as to the claims against Defendant Bowers. The Court will then begin the effort to serve process on Defendant Bowers.(2) Alternatively, if Plaintiff wishes to attempt to replead any of the claims asserted in his complaint that have been dismissed in order to attempt to state a viable claim, he may file an amended complaint by December 21, 2023. An amended complaint, if filed, will completely replace the complaint and the Court will not consider any allegations made in the complaint in evaluating any amended complaint. The Court will review any amended complaint after filing to determine whether it may proceed to service of process on any defendants named therein. If Plaintiff elects to file an amended complaint, the complaint this Initial Review Order addressed will not proceed to service of process on Defendant Bowers. If the Court receives no response from Plaintiff by December 21, 2023, the Court will presume that Plaintiff wishes to proceed on the complaint as to the claims permitted to go forward in this Initial Review Order, and Plaintiff will have to show good cause if he seeks to amend the complaint in any manner in the future. Change of Address. If Plaintiff changes his address at any time during the litigation of this case, Local Rule 83.1(c)2 provides that he MUST notify the Court. Failure to do so can result in the dismissal of the case. Plaintiff must give notice of a new address even if he is incarcerated. Plaintiff should write PLEASE NOTE MY NEW ADDRESS on the notice. It is not enough to just put the new address on a letter without indicating that it is a new address. If Plaintiff has more than one pending case, he should indicate all the case numbers in the notification of change of address. Plaintiff should also notify Defendants or counsel for Defendants of his new address. Signed by Judge Sarala V. Nagala on 11/21/2023.(Piccolo, Marissa)
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Filing 6
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. If you change your address at any time during the litigation of this case, Local Rule 83.1(c)2 provides that you notify the court. Signed by Judge Thomas O. Farrish on 9/26/2023. (Corriette, M.)
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Filing 9
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Sarala V. Nagala on 9/25/2023. (Mendez, D)
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Filing 8
STANDING ORDER ON PRISONER ELECTRONIC FILING PROGRAM. Signed by Judge Janet C. Hall on 9/25/2023. (Mendez, D)
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Filing 7
STANDING PROTECTIVE ORDER. Signed by Judge Sarala V. Nagala on 9/25/2023. (Mendez, D)
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| Filing 5 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 9/25/2023. (Oliver, T.) |
| Filing 4 Prisoner Trust Fund Account Statement by Devin O'Neill. (Oliver, T.) |
| Filing 3 Prisoner Authorization Form by Devin O'Neill. (Oliver, T.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Devin O'Neill. (Oliver, T.) |
| Filing 1 COMPLAINT against Austin, Bowers, Department of Corrections, John Doe, John Kamorski, Kocienda, Martin, Mohlrein, Oles, Perez, Angel Quiros, filed by Devin O'Neill. (Oliver, T.) |
| Judge Sarala V. Nagala and Judge Robert M. Spector added. (Oliver, T.) |
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