Rodriguez v. Doherty et al
| Amauri Rodriguez |
| Daniel Doherty, Batten, F. Saleh, Rodriguez, Acanto, John Doe, Joshua Appuzo, Vivian Martell, Diane Campbell-Hooks, Marybeth Moure-Williams and Henry Mushi |
| 3:2023cv01542 |
| November 27, 2023 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| S Dave Vatti |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.
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| Docket Entry Correction re Set Deadlines/Hearings. Dispositive Motion deadline modified to indicate error, docketed on the wrong case. Terminated deadline. (Jacques, Djess) |
| ENTERED IN ERROR Set Deadlines/Hearings: Dispositive Motions due by 4/3/2024. (Jacques, Djess) Modified on 1/24/2024 (Jacques, Djess). |
Filing 12
ORDER denying #11 Motion to Appoint Counsel. A plaintiff in a civil case is not entitled to appointment of counsel on request and the Second Circuit repeatedly cautions 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). Insofar as volunteer lawyer time is not always readily available, a plaintiff seeking appointment of counsel must show first that he "sought counsel and has been unable to obtain it." McDonald v. Head Criminal Court Supervisor Officer, 850 F.2d 121, 123 (2d Cir. 1988). Once a plaintiff has made this showing, he must then demonstrate that his complaint passes the test of "likely merit." Cooper, 877 F.2d at 173. He must demonstrate that the claims in the complaint have a sufficient basis to justify appointing a volunteer lawyer to pursue them. Notably, "even where a claim is not frivolous, counsel is often unwarranted where the [plaintiff's] chances of success are extremely slim." Id. at 171. Here, Plaintiff has demonstrated that he has sought but has, as of yet, been unable to obtain counsel. However, at this nascent stage of the litigation, the Court cannot ascertain the "likely merit" of Plaintiff's claims. Indeed, the complaint is currently undergoing review pursuant to 28 U.S.C. Section 1915. The #11 Motion is therefore DENIED without prejudice should facts develop through the litigation that permit reassessment of this issue.Signed by Judge Kari A. Dooley on 12/27/2023. (Chambers, Jillian)
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| Filing 11 MOTION to Appoint Counsel by Amauri Rodriguez. (Fanelle, N.) |
| Filing 10 NOTICE by Amauri Rodriguez. (Fanelle, N.) |
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Filing 9
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 11/28/2023. (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 Kari A. Dooley on 11/27/2023. (Fanelle, N.)
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| Filing 7 Standing Order re: Prisoner Case Discovery. Signed by Senior District Judge Stefan R Underhill on 11/27/2023. (Fanelle, N.) |
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Filing 6
Prisoner E-Filing Standing Order on Prisoner Electronic Filing Program. Signed by Judge Janet C. Hall on 11/27/2023. (Fanelle, N.)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 11/27/2023. (Fanelle, N.)
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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 11/27/2023.(Imbriani, Susan) |
| Filing 3 Prisoner Trust Fund Account Statement by Amauri Rodriguez. (Imbriani, Susan) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Amauri Rodriguez. (Imbriani, Susan) |
| Filing 1 COMPLAINT against Acanto, Joshua Appuzo, Batten, Diane Campbell-Hooks, John Doe(#5 Corrections Officer individually and in their Official capacities), John Doe(#1 Corrections Officer individually and in their Official capacities), John Doe(#7 Corrections Officer individually and in their Official capacities), John Doe(#3 Corrections Officer individually and in their Official capacities), John Doe(#6 Corrections Officer individually and in their Official capacities), John Doe(#8 Corrections Officer individually and in their Official capacities), John Doe(#9 Corrections Officer individually and in their Official capacities), John Doe(#2 Corrections Officer individually and in their Official capacities), John Doe(#4 Corrections Officer individually and in their Official capacities), Daniel Doherty, Vivian Martell, Marybeth Moure-Williams, Henry Mushi, Rodriguez, F. Saleh, filed by Amauri Rodriguez.(Imbriani, Susan) |
| Request for Clerk to issue summons as to Acanto, Joshua Appuzo, Batten, Diane Campbell-Hooks, John Doe(#5 Corrections Officer individually and in their Official capacities), John Doe(#1 Corrections Officer individually and in their Official capacities), John Doe(#7 Corrections Officer individually and in their Official capacities), John Doe(#3 Corrections Officer individually and in their Official capacities), John Doe(#6 Corrections Officer individually and in their Official capacities), John Doe(#8 Corrections Officer individually and in their Official capacities), John Doe(#9 Corrections Officer individually and in their Official capacities), John Doe(#2 Corrections Officer individually and in their Official capacities), John Doe(#4 Corrections Officer individually and in their Official capacities), Daniel Doherty, Vivian Martell, Marybeth Moure-Williams, Henry Mushi, Rodriguez, F. Saleh. (Imbriani, Susan) |
| Judge Kari A. Dooley and Judge S. Dave Vatti added. (Reis, Julia) |
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