Jones v. Beckert et al
| Dashante Scott Jones |
| Beckert, Ross, Marcellin, Roach, Nordby and Maldonado |
| 3:2023cv01603 |
| December 8, 2023 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| Vernon Dion Oliver |
| Vernon D Oliver |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 12
INITIAL REVIEW ORDER: For the reasons stated in the attached Order, the case will proceed on the federal claims for retaliation against defendants Beckert, Ross, Nordby, and Marcellin and denial of equal protection against defendant Ross.The case also will proceed against these defendants on the plaintiff's state law claims for violation of Connecticut General Statutes Sections 52-571a, 52-571c, and 52-590 and the state tort claim for slander. All other state law claims are dismissed with prejudice. The plaintiff has two options as to how to proceed in response to this Initial Review Order:(1)If the plaintiff wishes to proceed immediately on the claim against defendants Beckert, Ross, Nordby, and Marcellin and only as set forth above, he may do so without further delay. If the plaintiff selects this option, he shall file a notice on the docket by February 26, 2024 informing the court that he elects to proceed with service as to the claims listed above. The court will then begin the effort to serve process on the listed defendants.(2) Alternatively, if the plaintiff wishes to attempt to replead any of the claims asserted in his Complaint that have been dismissed without prejudice in order to attempt to state a viable claim, he may file an Amended Complaint by February 26, 2024. 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 the plaintiff elects to file an Amended Complaint, the Complaint this Initial Review Order addressed will not proceed to service of process on any defendant. Further, the Amended Complaint shall comply with the pleading requirements in Federal Rule of Civil Procedure 8. Specifically, the allegations shall be set forth in separately numbered paragraphs with one sentence in each paragraph, the allegations shall be facts showing that each defendant has violated the plaintiffs constitutional rights and shall not include discussions of the law, case citations, or irrelevant digressions as does the Complaint. Failure to comply with these instructions may result in imposition of sanctions by the Court.If the Court receives no response from the plaintiff by February 26, 2024, the Court will presume that the plaintiff wishes to proceed on the Complaint as to the claims permitted to go forward in this Initial Review Order, and the plaintiff will have to show good cause if he seeks to amend the complaint in any manner in the future. Additionally, if the Court receives no response from the plaintiff by February 26, 2024, the Clerk is directed to do the following:(i)The Clerk shall contact the Department of Correction Office of Legal Affairs to ascertain a current service address for defendants Beckert, Ross, Marcellin, and Nordby, mail a waiver of service of process request packet containing the Complaint and this Order to the defendants at the address provided by March 18, 2024, and report to the court on the status of the waiver request on the thirty-fifth day after mailing. If a defendant fails to return the waiver request, the Clerk shall arrange for in-person service by the U.S. Marshals Service on the defendant in their individual capacity and the defendant shall be required to pay the cost of such service.(ii)The Clerk shall send the plaintiff a copy of this Order.(iii)The Clerk shall send a courtesy copy of the Complaint and this Order to the Connecticut Attorney General and the Department of Correction Office of Legal Affairs.(iv) The defendants shall file the response to the complaint, either an answer or motion to dismiss, within sixty (60) days from the date the waiver forms are sent. If the defendants choose to file an answer, they shall admit or deny the allegations and respond to the cognizable claim recited above. They also may include all additional defenses permitted by the Federal Rules.Change of Address. If the 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. The plaintiff must give notice of a new address even if he is incarcerated. The 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 the plaintiff has more than one pending case, he should indicate all the case numbers in the notification of change of address. The plaintiff should also notify Defendants or counsel for Defendants of his new address.Signed by Judge Vernon D. Oliver on 01/26/2024.(Dao, John)
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| Filing 11 NOTICE of Change of Address by Dashante Scott Jones (Corriette, M.) |
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Filing 10
ORDER granting #7 Motion for Leave to Proceed In Forma Pauperis. Having reviewed the trust fund account statement Mr. Jones submitted in support of his motion, ECF No. 8, the court wishes to make it clear that an inmate may not intentionally pay down the funds in his account on non-necessities like movie and music downloads to gain eligibility for in forma pauperis status. The court has, on several prior occasions, granted Mr. Jones leave to proceed in forma pauperis in other matters, most recently in Case No. 23-cv-1039. The account statement submitted here makes it clear that, shortly after he prepared the IFP application in that matter, Mr. Jones received a significant deposit and proceeded to spend those funds down. The court will nevertheless grant this IFP application only because here, he alleges events that occurred in November 2023, and so he could not have contemplated filing this complaint at the time he was spending down his account balance. But he is respectfully advised that in any future case not having those facts, spending down significant assets on non-necessities may result in the denial of an in forma pauperis motion. So ordered. Signed by Judge Thomas O. Farrish on 12/21/2023. (Corriette, M.)
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Filing 9
ENTERED IN ERROR ORDER: Prisoner E-filing Standing Order on Prisoner Electronic Filing Program Signed by Judge Janet C. Hall on 12/19/2023.(Gaskins, A) Modified on 12/20/2023 (Gaskins, Andrea).
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| Filing 8 Prisoner Trust Fund Account Statement by Dashante Scott Jones. (Gaskins, A) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Dashante Scott Jones. (Attachments: #1 Supplement Letter, #2 envelope)(Gaskins, A) |
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Vernon Dion Oliver on 12/8/2023.(Imbriani, Susan)
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Filing 5
Prisoner E-filing Standing Order on Prisoner Electronic Filing Program Signed by Judge Janet C. Hall on 12/8/2023.(Imbriani, Susan)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Vernon Dion Oliver on 12/8/2023.(Imbriani, S.)
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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 12/8/2023.(Gaskins, A) |
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Filing 2
ORDER: We received your Complaint which has been assigned case number 23cv1603. In order to proceed, the filing fee or a Motion for Leave to Proceed In Forma Pauperis must be submitted to the Court by 1/7/2024 or the case will be subject to dismissal. Fee information and the Motion for Leave to Proceed In Forma Pauperis form may be found on the Court's website at ctd.uscourts.gov. Dismissal due by 1/7/2024. Signed by Clerk on 12/8/2023.(Gaskins, A)
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| Filing 1 COMPLAINT against Beckert, Maldonado, Marcellin, Nordby, Roach, Ross, filed by Dashante Scott Jones. (Attachments: #1 Envelope, #2 attachment a,b, #3 attachment c,e,f, #4 Attachment d, #5 attachment 2-4)(Gaskins, A) |
| Judge Vernon Dion Oliver and Judge Thomas O. Farrish added. (Oliver, T.) |
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