Bolton v. Stover
| Eric Bolton |
| R. Stover |
| 3:2024cv00233 |
| February 20, 2024 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| Sarala V Nagala |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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Filing 7
ORDER OF DISMISSAL WITHOUT PREJUDICE. On February 22, 2024, the Court informed Petitioner that his motion to proceed in forma pauperis was insufficient as the application stated he received $800.00 in his commissary over the last twelve months, and did not contain an explanation as to why he is unable to pay the $5.00 filing fee. The Court informed Petitioner that if he did not submit a supplemental statement or pay the $5.00 filing fee by March 14, 2024, his case may be dismissed. See ECF No. 3.To date, Petitioner has not complied with the Court's order, nor has he filed a motion for extension of time to do so. Thus, the Court DISMISSES this action without prejudice, and the Clerk is directed to close this case. Plaintiff may file a motion to reopen this case on or before April 22, 2024. Petitioner's motion to reopen must explain the reasons for his non-compliance with the Court's earlier orders and attach a new motion to proceed in forma pauperis and an explanation of why he is unable to pay the $5.00 filing fee despite receiving $800.00 in his commissary over the past twelve months. Alternatively, Petitioner may pay the $5.00 filing fee by April 22, 2024 instead of filing a new motion to proceed in forma pauperis. Signed by Judge Sarala V. Nagala on 3/22/2024.(Piccolo, M)
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| Filing 3 NOTICE OF INSUFFICIENCY. The petitioner has filed a motion for leave to proceed in forma pauperis; in other words, he seeks to commence a federal habeas case without paying the $5.00 filing fee. A federal law, 28 U.S.C. 1915, permits him to do so if, among other things, he files an affidavit demonstrating his inability to pay.In this case plaintiff has submitted a declaration stating that he received $800.00 in his commissary account over the past twelve months but is nevertheless unable to pay the $5.00 filing fee. In deciding whether plaintiffs have alleged a state of poverty sufficient to proceed in forma pauperis, courts look to the partys own statements about their financial life. As the Supreme Court noted in Adkins, an affidavit is sufficient which states that one cannot because of his poverty pay or give security for the costs and still be able to provide himself and dependents with the necessities of life. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948) (internal quotation marks omitted). Because it is not immediately obvious to the Court that requiring the plaintiff to pay $5.00 would interfere with his ability to provide such necessities, in light of the income he has received in the past, the Court requests more information to determine whether plaintiff meets this standard.Plaintiff is therefore directed to submit a statement to the court explaining (1) the source of the $800; (2) whether he expects any further income from that source and, if so, the amount and the date(s) on which it is expected; and (3) how he spent the $800 he received. This statement may be handwritten but must (a) include the case name of Bolton v. Stover and the case number of 24-cv-233; (b) be signed under the penalty of perjury; and (c) be submitted to the Court no later than March 14, 2024. If plaintiff fails to either pay the fee or submit a supplemental statement by the required date, his case may be dismissed. Signed by Judge Thomas O. Farrish on 2/22/2024.(Corriette, M.) |
| Filing 6 Notice of Option to Consent to Magistrate Judge Jurisdiction. (Mendez, D) |
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Sarala V. Nagala on 2/20/2024. (Mendez, D)
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Filing 4
Standing Protective Order. Signed by Judge Sarala V. Nagala on 2/20/2024. (Mendez, D)
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| Judge Sarala V. Nagala and Judge Thomas O. Farrish added. (Freberg, B) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Eric Bolton. (Chartier, A.) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Eric Bolton. (Attachments: #1 Envelope)(Chartier, A.) |
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| Petitioner: Eric Bolton | |
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| Respondent: R. Stover | |
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