Dorlette v. City of Stamford et al
| Faroulh Dorlette |
| City of Stamford, Christopher Baker, John/Jane Doe, Richard Conklin, Brendan Phillips, Bryan Cooper, P. Malanga, J. Alvarez, D. Rosa, C. Petrizzi, C. Pennoyer, J. Derisme, M. Romano, M. Lavigne, S. O'Brien, Michael Montanaro, M. Linnehan, M. Spinosa, M. Califano, Kane and Doe |
| 3:2023cv01589 |
| December 4, 2023 |
| US District Court for the District of Connecticut |
| Maria E Garcia |
| Omar A Williams |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1343 Violation of Civil Rights |
| Plaintiff |
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Filing 15
ORDER accepting as timely and granting ECF No. #13 , Motion for Leave to Proceed In Forma Pauperis. Plaintiff filed a first motion to proceed in forma pauperis when he filed his complaint, see ECF No. #2 , which the Honorable United States Magistrate Judge Thomas O. Farrish recommended the undersigned deny for failure to satisfy all the statutory requirements of such a motion, see ECF No. 11. Apparently before receiving the recommended ruling, though, Plaintiff moved for an extension of time to supplement his original motion. ECF No. #12 . He has now filed a second motion to proceed in forma pauperis, which the court accepts as timely, and which the court grants. Accordingly, Plaintiff's original motion, the recommended ruling, and the motion for extension of time (ECF Nos. #2 , 11, and #12 , respectively) all hereby are denied as moot. Plaintiff must notify the court of any change in address at any time during the litigation of this case, as required by Local Rule 83.1(c)2. It is so ordered. Signed by Judge Omar A. Williams on 1/23/24. (Wagner, Rebecca)
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| Filing 14 Prisoner Trust Fund Account Statement by Faroulh Dorlette. (Peterson, M) |
| Filing 13 MOTION for Leave to Proceed in forma pauperis by Faroulh Dorlette. (Peterson, M) |
| Filing 12 MOTION for Extension of Time until 30 days to File Motion to Proceed in Forma Pauperis by Faroulh Dorlette. (Imbriani, Susan) |
| Filing 11 RECOMMENDED RULING recommending that Judge Williams deny #2 Motion for Leave to Proceed In Forma Pauperis ("IFP"). On December 4, 2023, the plaintiff filed his IFP application using the District of Connecticut non-prisoner IFP form, omitting two pages. He also failed to include a certified copy of his trust fund account statement for the six-month period immediately preceding the date he filed his complaint. On December 6, 2023, the court pointed these deficiencies out to him in a Notice of Insufficiency, provided him with a blank copy of the District's prisoner IFP application, and gave him three weeks - until December 28, 2023 - to file a complete IFP application package. (ECF No. 4.) As of January 2, 2023, the plaintiff has not addressed these issues.28 U.S.C. 1915(a)(1) requires that IFP applications include "an affidavit that includes a statement of all assets such prisoner possesses." Because the plaintiff left out page four and, therefore, most of the Assets section of the application form, the court does not have sufficient information to find that he has disclosed "all assets [he] possesses." Id. 28 U.S.C. 1915(a)(2) requires that a "prisoner seeking to bring a civil action... without prepayment of fees... shall submit a certified copy of the trust fund account statement... for the prisoner for the 6-month period immediately preceding the filing of the complaint." This is a requirement even in cases, such as this one, in which the complaint is not related to the prison or plaintiff's conditions of confinement. See, e.g., Kollock v. Ganim, No. 3:20-cv-1286 (MPS), 2020 WL 13816454, at *12 (D. Conn. Dec. 3, 2020) (denying a prisoner IFP application in part because the plaintiff did not file the trust fund statement in an action brought against the mayor, police department, and police officers of Bridgeport, CT); see also Harris v. Binghamton Police Dep't, No. 3:22-cv-0977 (BKS/ML), 2023 WL 417897, at *2 (N.D.N.Y. Jan. 26, 2023), report and recommendation adopted, No. 3:22-CV-977 (BKS/ML), 2023 WL 2662282 (N.D.N.Y. Mar. 28, 2023) (denying a prisoner leave to proceed IFP in a matter against a municipal police department and police investigator and stating that granting such leave without the certified copy of the trust fund account statement "would disregard a requirement clearly set forth in an Act of Congress"). Even after the notice of insufficiency, plaintiff did not file a certified copy of his trust fund account statement. His IFP application does not comply with 28 U.S.C. 1915(a)(2).For the above reasons, I recommend that plaintiff's motion to leave in forma pauperis be denied without prejudice to a new IFP application that satisfies all requirements of 28 U.S.C. 1915. Any objection to this recommended ruling must be filed within fourteen days, by January 16, 2024. Signed by Judge Thomas O. Farrish on 1/2/2024.(Wood, R.) |
| Filing 10 AMENDED COMPLAINT against J. Alvarez, Christopher Baker, M. Califano, City of Stamford, Richard Conklin, Bryan Cooper, J. Derisme, Doe, John/Jane Doe, Kane, M. Lavigne, M. Linnehan, P. Malanga, Michael Montanaro, S. O'Brien, C. Pennoyer, C. Petrizzi, Brendan Phillips, M. Romano, D. Rosa, filed by Faroulh Dorlette. (Peterson, M) |
| Filing 4 NOTICE OF INSUFFICIENCY. The plaintiff has filed a motion for leave to proceed in forma pauperis; in other words, he seeks to commence a federal lawsuit without pre-paying the filing fee. A federal law, 28 U.S.C. 1915, permits him to do so if, among other things, he submits a financial affidavit showing that he is unable to pay, accompanied by a certified copy of his inmate trust account statement for the six-month period preceding his complaint. To assist inmates in demonstrating inability to pay, the District of Connecticut has prepared a standard-form in forma pauperis application.In this case, the plaintiff submitted the wrong in forma pauperis application form. He also did not submit a certified copy of his inmate trust account statement. His application is therefore insufficient. The Clerk of the Court is respectfully directed to send the plaintiff a blank copy of the correct application form at his address of record. The plaintiff is directed to fill out the form completely and accurately, and to file it with the Clerk of the Court along with a certified copy of his inmate trust account statement covering at least the period from June 4, 2023, to December 4, 2023. If he does not do so by December 27, 2023, his case may be dismissed. Signed by Judge Thomas O. Farrish on 12/6/2023.(Corriette, M.) |
| Judge Omar A. Williams and Judge Maria E. Garcia added. (Shafer, J.) |
| 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 12/4/2023.(Gaskins, A) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Faroulh Dorlette. (Gaskins, A) |
| Filing 1 COMPLAINT against Christopher Baker, City of Stamford, filed by Faroulh Dorlette. (Attachments: #1 Envelope)(Gaskins, A) |
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