Rosa v. Maldenado et al
| Victor Rosa |
| Maldenado and Quiros |
| 3:2023cv01678 |
| December 26, 2023 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Thomas O Farrish |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 16 Prisoner Trust Fund Account Statement with attachments by Victor Rosa. (Fanelle, N.) |
Filing 15
ORDER OF DISMISSAL: This case is dismissed because Plaintiff has neither submitted a corrected in forma pauperis application as directed by the Court, nor has he paid the Courts filing fee. The Court has twice advised Plaintiff that he must correct his motion to proceed in forma pauperis before the Court can consider his motion. ECF Nos. 7 and 12. On December 28, 2023, the Court issued a Notice of Insufficiency directing Plaintiff "to file with the Clerk of the Court a copy of his inmate trust account statement with a proper certification, covering at least the period from June 26, 2023, to December 26, 2023" and that his case would be dismissed if he failed to do so by January 18, 2024. ECF No. 7. On January 2, 2024, Plaintiff filed another motion for leave to proceed in forma pauperis and a prisoner trust fund account statement. ECF Nos. 10 and 11. The Court issued its second Notice of Insufficiency because Plaintiff had not corrected the deficiencies of his application; specifically, his trust account statement spanned only one month rather than six months and included an incomplete certification that was not clearly certified by a prison official. See ECF No. 12. The Court directed Plaintiff "to fill out the form completely and accurately, and to file it with the Clerk of the Court." Id. The Court specified that "[t]he completed form must include a 'certification of inmate account balance' completed by a prison official[,] and certified copy of his inmate trust account statement, covering at least the period from June 26, 2023, to December 26, 2023." Id. The Court advised Plaintiff "that the submission of falsified documents to a court may result in severe penalties" and that his case may be dismissed if he did not comply with the Court's order by January 24, 2024. Id. On January 17 and 19, 2024, Plaintiff submitted a motion for summary judgment and affidavit. ECF Nos. 13 and 14. To date, however, he has still not complied with the Court's order to correct his motion to proceed in forma pauperis. Nor has he filed a motion for extension of time to do so or paid the Court's filing fee. Accordingly, this matter is dismissed without prejudice. If Plaintiff wishes to pursue his claims, he may move to reopen this case on or before March 5, 2024. If Plaintiff files a motion to reopen, he must either (1) pay the Court's filing fee or (2) submit a new motion to proceed in forma pauperis on the form previously sent to him accompanied by a certified copy of his inmate trust account covering the period from June 26, 2023 to December 26, 2023, which must be signed by a prison official. In moving to reopen this case, Plaintiff must also explain his reason for failing to comply with Court orders to correct his prior in forma pauperis motion. Signed by Judge Kari A. Dooley on 2/1/2024. (Haider, Syeda)
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| Filing 14 AFFIDAVIT by Victor Rosa. (Fanelle, N.) |
| Filing 13 MOTION for Summary Judgment by Victor Rosa. Responses due by 2/7/2024. (Attachments: #1 Attachment) (Fanelle, N.) |
| Filing 12 NOTICE OF INSUFFICIENCY. This is plaintiff's second notice of insufficiency. 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.In plaintiff's first application he failed to both (1) attach a copy of his inmate trust account and (2) provide a valid certification of his account by a Department of Corrections employee. It appears that neither of these deficiencies have been fully corrected. Although the second application now includes a trust account statement, the statement's period spans only one month, instead of the required six. And although the second application includes a certification page, that certification is incomplete, because the spaces for plaintiffs average balance and monthly deposits are blank.Moreover, and more disconcertingly, the Court questions whether the certification was actually completed by a prison official. The certification is signed only "Anastasia" the Court cannot tell whether that is supposed to be a first name or a last name and "Anastasia" is spelled differently on the first and second-to-last lines of the form. The Court finds it difficult to imagine that there is an Officer Anastasia who would spell her own name differently twice in the same document, and accordingly it is left to wonder whether plaintiff again filled out this form on his own, only now under a fake name.The Court will allow the plaintiff one more opportunity to properly apply for in forma pauperis status. The Clerk of the Court is respectfully directed to send the plaintiff another 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. The completed form must include a "certification of inmate account balance" completed by a prison official. Plaintiff must also submit a certified copy of his inmate trust account statement, covering at least the period from June 26, 2023, to December 26, 2023. Plaintiff is respectfully advised that the submission of falsified documents to a court may result in severe penalties. If plaintiff does not submit an amended application in accordance with this Notice of Insufficiency by January 24, 2024, his case may also be dismissed. Signed by Judge Thomas O. Farrish on 1/3/24.(Pesta, J.) |
| Filing 11 Prisoner Trust Fund Account Statement by Victor Rosa. (Fanelle, N.) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis by Victor Rosa. (Fanelle, N.) |
| Filing 9 MOTION for Default Entry by Victor Rosa. (Fanelle, N.) |
| Filing 8 MOTION attacking and supporting defendants credibility by Victor Rosa. (Fanelle, N.) |
| Filing 7 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 files a certified copy of his inmate trust account statement for the six month period preceding his complaint. In this case, the plaintiff failed to (1) file a copy of his inmate trust account and (2) provide a valid certification of that account. A plaintiff may not certify his own trust account, rather a prison counselor or Connecticut Department of Corrections employee must review the account balance and verify its accuracy with their own signature. The plaintiff is therefore directed to file with the Clerk of the Court a copy of his inmate trust account statement with a proper certification, covering at least the period from June 26, 2023, to December 26, 2023. If he does not do so by January 18, 2024, his case may be dismissed. Signed by Judge Thomas O. Farrish on 12/28/2023.(Corriette, M.) |
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 12/26/2023. (Fanelle, N.)
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Filing 5
Prisoner E-Filing Standing Order on Prisoner Electronic Filing Program. Signed by Judge Janet C. Hall on 12/26/2023. (Fanelle, N.)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 12/26/2023. (Fanelle, N.)
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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 12/26/2023. (Fanelle, N.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Victor Rosa. (Fanelle, N.) |
| Filing 1 COMPLAINT against Maldenado, Quiros, filed by Victor Rosa.(Fanelle, N.) |
| Judge Kari A. Dooley and Judge Thomas O. Farrish added. (Reis, Julia) |
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