Dunbar v. City of New Haven et al

Plaintiff:	Jerome T. Dunbar and Jerome Thomas Dunbar
Defendant:	City of New Haven, Wendy J. Mongillo and Stephen W. Whalen
Case Number:	3:2024cv00291
Filed:	March 1, 2024
Court:	US District Court for the District of Connecticut
Presiding Judge:	Kari A Dooley
Referring Judge:	Robert A Richardson
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	None

Docket Report

This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 29, 2024	Filing 16 ORDER adopting #14 Recommended Ruling. The Court has reviewed Magistrate Judge Richardson's comprehensive #14 Recommended Ruling concerning his initial review of the self-represented Plaintiff's complaint pursuant to 28 U.S.C. 1915(e). The Recommended Ruling contains an accurate statement of the applicable law and a thoroughly reasoned analysis and application of that law to the circumstances presented here. The Plaintiff did not object to the Recommended Ruling. The Recommended Ruling therefore is Accepted, Adopted, and So Ordered. Accordingly, the Complaint is dismissed. The Clerk of the Court is directed to close this matter.Signed by Judge Kari A. Dooley on 4/29/2024. (Chambers, J.)
March 26, 2024	Filing 15 ORDER denying #2 Motion for Ex Parte Temporary Restraining Order. Plaintiff seeks to enjoin New Haven from conducting a sale by auction of foreclosed property located at Bassett Street in New Haven, Connecticut. Pursuant to Rule 65(b) of the Federal Rules of Civil Procedure, the Court cannot grant such ex parte relief unless the party seeking such relief alleges and demonstrates facts to show an "immediate and irreparable injury, loss, or damage" that will result before Defendants can be heard in opposition. Fed. R. Civ. P. 65(b)(1). These provisions must be scrupulously observed. See Austin v. Altman, 332 F.2d 273, 275 (2d Cir. 1964). Although Plaintiff alleges irreparable harm if New Haven is not enjoined as he requests, there is no showing that the harm will result if New Haven is given the opportunity to respond. Indeed, the judgment of foreclosure by sale was entered on December 18, 2023 and Plaintiff was notified on January 25, 2024 that the property would be sold on March 2, 2024, yet Plaintiff waited until the day before the sale to file this action. In addition, a review of the underlying state court docket reveals a notice that the property was indeed sold on March 2, 2024 and that the proceeds of the sale were deposited with the Clerk of the Court. See City of New Haven v. 20-Gerrish Avenue, LLC et al., NNH-CV18-6078153-S, Dkt. # 190.00, 192.00, 193.00. Accordingly, Plaintiff's request for relief appears to be moot. See United States v. Williams, 475 F.3d 468, 479 (2d Cir. 2007) ("Generally, 'if an event occurs during the course of the proceedings or on appeal that makes it impossible for the court to grant any effectual relief whatever to a prevailing party, [the Court] must dismiss the case.'") Finally, there is a substantial question as to whether the Court has subject-matter jurisdiction over this case, see ECF No. #14 , making ex parte injunctive relief, even if available, doubly inappropriate. The request for an ex parte temporary restraining order is DENIED. Signed by Judge Kari A. Dooley on 3/26/2024. (Chambers, J.)
March 25, 2024	Filing 14 RECOMMENDED RULING recommending that the #1 Complaint filed by Jerome Thomas Dunbar be dismissed without prejudice pursuant to 28 U.S.C. 1915(e). See attached ruling, 16 Pages. Objections due by 4/8/2024. Signed by Judge Robert A. Richardson on 3/25/2024. (Coleman, G)
March 25, 2024	Filing 13 ORDER granting #9 Motion for Leave to Proceed in forma pauperis based on the plaintiff's financial information but recommending dismissal of the complaint. Signed by Judge Robert A. Richardson on 3/25/2024. (Coleman, G)
March 13, 2024	Filing 12 ORDER granting #11 Motion by Self-Represented Litigant to Participate in Electronic Filing. Self-Represented Filers are Required to Comply with the Standard Electronic Filing Order Docketed at Case Opening. Signed by Judge Kari A. Dooley on 3/13/2024. (Gould, K.)
March 11, 2024	Filing 10 ORDER REFERRING CASE to Magistrate Judge Robert A. Richardson for ruling on #9 MOTION for Leave to Proceed in forma pauperis and review of the complaint pursuant to 28 U.S.C. 1915. Signed by Judge Kari A. Dooley on 3/11/2024. Motion referred to Magistrate Judge Robert A. Richardson.(Gould, K.)
March 8, 2024	Filing 11 MOTION by Self-Represented Litigant to Participate in Electronic Filing by Jerome T. Dunbar. (Fanelle, N.)
March 7, 2024	Filing 9 MOTION for Leave to Proceed in forma pauperis by Jerome T. Dunbar. (Fanelle, N.)
March 1, 2024	Filing 8 Notice of Option to Consent to Magistrate Judge Jurisdiction. (Fanelle, N.)
March 1, 2024	Filing 7 Standing Protective Order Signed by Judge Kari A. Dooley on 3/1/2024. (Fanelle, N.)
March 1, 2024	Filing 6 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 3/1/2024. (Fanelle, N.)
March 1, 2024	Filing 5 Order on Pretrial Deadlines: Amended Pleadings due by 4/30/2024 Discovery due by 8/31/2024 Dispositive Motions due by 10/5/2024 Signed by Clerk on 3/1/2024. (Fanelle, N.)
March 1, 2024	Filing 4 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 3/1/2024.(Chartier, A.)
March 1, 2024	Filing 3 ORDER: We received your Complaint which has been assigned case number 24cv291. In order to proceed, the filing fee or a Motion for Leave to Proceed In Forma Pauperis must be submitted to the Court by 3/31/2024 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 3/31/2024. Signed by Clerk on 3/1/2024.(Chartier, A.)
March 1, 2024	Filing 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction (Responses due by 3/22/2024, ) by Jerome T. Dunbar. (Chartier, A.)
March 1, 2024	Filing 1 COMPLAINT against City of New Haven, Wendy J. Mongillo and Stephen W. Whalen filed by Jerome T. Dunbar.(Chartier, A.)
March 1, 2024	Judge Kari A. Dooley and Judge Robert A. Richardson added. (Shafer, J.)

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Plaintiff: Jerome T. Dunbar
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Plaintiff: Jerome Thomas Dunbar
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Defendant: City of New Haven
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Defendant: Wendy J. Mongillo
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Defendant: Stephen W. Whalen
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