Padilla v. Abbott et al
| Ismael Padilla |
| Greg Abbott, Brian Collier, Texas Board of Paroles, Trial Courts of Dallas Co. and City, Town or Muni of Dallas Co. |
| 3:2023cv01259 |
| September 26, 2023 |
| US District Court for the District of Connecticut |
| Maria E Garcia |
| Sarala V Nagala |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 8, 2023. A more recent docket listing may be available from PACER.
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Filing 11
ORDER denying #10 Motion to Show Court. The Court understands that Plaintiff has filed a motion asking the Court to reconsider its ruling dismissing Plaintiff's complaint. Because Plaintiff has already docketed a notice of appeal to the Second Circuit, the Court no longer has jurisdiction to entertain Plaintiff's motion. Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982) ("[t]he filing of a notice of appeal is an event of jurisdictional significanceit confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal"). Accordingly, the Court denies Plaintiff's motion. Signed by Judge Sarala V. Nagala on 11/8/2023. (Parfenoff, Ivan)
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| Filing 10 MOTION to show Court, by Ismael Padilla. (Attachments: #1 Envelope) (Mendez, D) |
| Filing 9 CLERK'S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re: #8 Notice of Appeal. The attached docket sheet is hereby certified as the entire Index/Record on Appeal in this matter and electronically sent to the Court of Appeals, with the exception of any manually filed documents as noted below. Dinah Milton Kinney, Clerk. Documents manually filed not included in this transmission: none. (Mendez, D) |
| Filing 8 NOTICE OF APPEAL as to 4 , by Ismael Padilla. (Attachments: #1 Envelope) (Mendez, D) |
| Filing 7 AFFIDAVIT, Signed By Ismael Padilla, filed by Ismael Padilla. (Attachments: #1 Envelope) (Mendez, D) |
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Filing 4
ORDER dismissing #1 Complaint and denying #2 Motion for Leave to Proceed in forma pauperis. Plaintiff, Ismael Padilla, is a state prisoner incarcerated in Texas. On many prior occasions, courts have summarily dismissed lawsuits that Plaintiff has filed in the District of Connecticut on the ground that Plaintiff filed suit in the wrong federal district. See, e.g., Padilla v. Abbott, 3:19-cv-57 (VAB), ECF No. 20 (D. Conn. July 12, 2019); Padilla v. Wade, 3:22-cv-1556 (VAB), ECF No. 6 (D. Conn. Dec. 8, 2022); Padilla v. Tex. Prison Sys., 3:22-cv-1004 (JAM), ECF No. 6 (D. Conn. Aug. 12, 2022); Padilla v. Tex. Bd. of Paroles, 3:22-cv-596 (SRU), ECF No. 5 (D. Conn. Aug. 9, 2022); Padilla v. Parole Dept Dir., No. 3:22-cv-416 (SRU), ECF No. 8 (D. Conn. Aug. 11, 2022). In the case at hand, Plaintiff brings suit against Governor of Texas Greg Abbott, Director of Texas Prisons Brian Collier, Texas Board of Paroles, Trial Courts of Dallas County, and the City or Town of Muni in Dallas County. ECF No. 1 at 1. Plaintiff appears to allege that Defendants attempted to make him attend an alcohol program in order to be released to parole based on false information, and that the Defendant Trial Court conspired with the Texas prison system and Parole Department by failing to release him so that he could seek an attorney, denying him access to the courts, and depriving him of due process. Id. at 35. He claims that he is serving unconstitutional sentences, has subject to Fourteenth Amendment equal protection violation, and that Defendants have harmed him with slander and physical abuses. He seeks an acquittal, release from incarceration and damages.It is not clear to the Court whether Plaintiff intends to pursue civil claims or habeas relief through the filing of his current complaint. But Plaintiff is currently incarcerated in the state of Texas, and he does not allege that wrongdoing occurred in the state of Connecticut or that he has been convicted of a crime in the state of Connecticut. Thus, there appears to be no basis for Plaintiff to bring this suit in the District of Connecticut. See 28 U.S.C. sec. 1391 (codifying that a civil action may be brought in the judicial district in which any defendant resides, if all defendants are residents of the State in which the district if located; in the judicial district in which a substantial part of the events giving rise to the action occurred; or, if there is no other proper jurisdiction, in a judicial district in which any defendant is subject to the court's personal jurisdiction). Accordingly, pursuant to 28 U.S.C. sec. 1915A, the complaint is dismissed with prejudice to refiling in this District, as Connecticut is a plainly improper venue for this action. Given that Plaintiff has had several suits in this District dismissed on venue grounds, the Court finds that extraordinary circumstances exist to dismiss this case sua sponte. See Stich v. Rehnquist, 982 F.2d 88, 8889 (2d Cir. 1992) (per curiam) (affirming sua sponte dismissal for improper venue where plaintiff was a "vexatious litigant").The motion to proceed in forma pauperis is denied under 28 U.S.C. sec. 1915(g) because Plaintiff is a prisoner who "has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted...." Signed by Judge Sarala V. Nagala on 9/27/2023. (Parfenoff, Ivan)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Sarala V. Nagala on 9/26/2023. (Mendez, D)
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Filing 5
STANDING PROTECTIVE ORDER. Signed by Judge Sarala V. Nagala on 9/26/2023. (Mendez, D)
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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 9/26/2023.(Chartier, A) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Ismael Padilla. (Chartier, A) |
| Filing 1 COMPLAINT against Greg Abbott; City, Town or Muni of Dallas Co.; Brian Collier; Texas Board of Paroles; and Trial Courts of Dallas Co. filed by Ismael Padilla. (Attachments: #1 Envelope)(Chartier, A) |
| Judge Sarala V. Nagala and Judge Maria E. Garcia added. (Freberg, B) |
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