Shackleford v. US Department of Housing and Urban Development et al
| Dave D. Shackleford |
| US Department of Housing and Urban Development, Marcia L. Fudge, City of Stamford, Caroline Simmons, Vin Tufo, Natalie Card, Tyra Wallace and Marie Jeune |
| 3:2023cv01570 |
| November 30, 2023 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Robert M Spector |
| Civil Rights: Other |
| None |
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Filing 15
ORDER denying #10 Motion to Appoint Counsel. A plaintiff in a civil case is not entitled to appointment of counsel on request, and the Second Circuit has cautioned against the routine appointment of counsel. See Hendricks v. Coughlin, 114 F.3d 390, 393 (2d Cir. 1997); Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989). Accordingly, 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). Although the plaintiff's motion papers demonstrate that he has satisfied this requirement, the plaintiff also must show that his complaint passes the test of "likely merit." Cooper, 877 F.2d at 173. As set forth in the Recommended Ruling (Doc. No. #14 ), it does not appear that the plaintiff's claims are likely to succeed on the merits and the plaintiff's motion to appoint counsel is therefore DENIED without prejudice. It is so ordered. Signed by Judge Robert M. Spector on January 12, 2024. (Blickley, Jaclyn)
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Filing 14
RECOMMENDED RULING: As set forth in the attached Recommended Ruling, the plaintiff's Motion to Proceed In Forma Pauperis (Doc. No. #2 ) is GRANTED. The Court further recommends that: (a) the plaintiff's FOIA enforcement claim be DISMISSED with prejudice as to the non-HUD defendants; (b) the plaintiff's FOIA enforcement claim against HUD be DISMISSED without prejudice; and (c) the plaintiff's claims regarding entry into the apartment be DISMISSED without prejudice as to all defendants. 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 February 12, 2024. 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 Judge's 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). 12 Pages. Objections due by 1/26/2024. Signed by Judge Robert M. Spector on January 12, 2024.(Blickley, Jaclyn)
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Filing 13
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. (See Doc. No. #14 ). Signed by Judge Robert M. Spector on January 12, 2024. (Blickley, Jaclyn)
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Filing 12
ORDER. The #10 motion to appoint counsel and the preparation of an Initial Review Order are REFERRED to Judge Robert M. Spector. Signed by Judge Michael P Shea on 1/12/2024. (Bassali, David)
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Filing 11
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for Motion including #2 MOTION for Leave to Proceed in forma pauperis Signed by Judge Michael P Shea on 12/20/23.Motions referred to Robert M. Spector(Johnson, D.)
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| Filing 10 MOTION to Appoint Counsel by Dave D. Shackleford. (Peterson, M) |
| Filing 9 EXHIBITS re #1 Complaint by Dave D. Shackleford (Peterson, M) |
| Request for Clerk to issue summons as to Natalie Card, City of Stamford, Marcia L. Fudge, Marie Jeune, Caroline Simmons, Vin Tufo, US Department of Housing and Urban Development, Tyra Wallace. (Peterson, M) |
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Filing 8
ORDER. The plaintiff is encouraged to contact the Federal Pro Se Legal Assistance Program (see https://nhlegal.org/other-resources/ and tel: (203) 850-7720)), as he may benefit from advice about whether his case has been filed in the correct forum and, if so, whether his complaint might benefit from some revisions. The plaintiff may file an amended complaint as permitted by Federal Rule 15. Signed by Judge Michael P Shea on 12/19/2023.(Bassali, David)
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Filing 7
ORDER. The #2 motion for leave to proceed in forma pauperis is REFERRED to a Magistrate Judge. Signed by Judge Michael P Shea on 12/19/2023.(Bassali, David)
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Michael P Shea on 11/30/2023. (Peterson, M)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P Shea on 11/30/2023. (Peterson, M)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 1/29/2024. Discovery due by 5/31/2024. Dispositive Motions due by 7/5/2024. Signed by Clerk on 11/30/2023. (Peterson, M)
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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 11/30/2023. (Oliver, T.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Dave D. Shackleford. (Oliver, T.) |
| Filing 1 COMPLAINT against Natalie Card, City of Stamford, Marcia L. Fudge, Marie Jeune, Caroline Simmons, Vin Tufo, US Department of Housing and Urban Development, Tyra Wallace, filed by Dave D. Shackleford. (Oliver, T.) |
| Judge Michael P Shea and Judge Robert M. Spector added. (Oliver, T.) |
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