Brown v. Maldonado et al
| Larry H. Brown |
| Edward Maldonado, Kevin Roy and Scott Semple |
| 3:2024cv00310 |
| March 6, 2024 |
| US District Court for the District of Connecticut |
| Maria E Garcia |
| Alvin W Thompson |
| Stefan R Underhill |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 17, 2024. A more recent docket listing may be available from PACER.
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Filing 13
ORDER denying #2 Motion for Leave to Proceed in forma pauperis. The case is stayed for twenty-one days to enable the plaintiff to submit the filing fee. If he fails to submit the fee within twenty-one days of this Order, his case will be dismissed without prejudice to refiling once he is able to pay the fee. Signed by District Judge Stefan R. Underhill on 4/17/2024. (Khabbaz, D)
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Filing 12
ORDER OF TRANSFER. Case reassigned to District Judge Stefan R. Underhill for all further proceedings. It is so ordered. Signed by Judge Alvin W. Thompson on 4/2/2024. (Ferguson, L.)
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| Filing 11 Plaintiff's Supplemental Statement by Larry H. Brown (Gaskins, A) |
| Filing 10 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 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 this case plaintiff submitted a trust account with a current balance of over $1600 and an average balance of $1300 over the past six months. At the same time, plaintiff stated in his affidavit that he had not received income during this time from any source. However, his trust statement shows multiple deposits to his inmate account including a $200 deposit on January 10, 2024 and a $700 deposit just two days later.In deciding whether plaintiffs have alleged a state of poverty sufficient to proceed in forma pauperis, courts look to the party's 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). However, when other people provide a plaintiff's necessities of life, the Court considers any resources that could be made available to the plaintiff by those who support him. Fridman v. City of N.Y., 195 F. Supp. 2d 534, 537 (S.D.N.Y 2002). Because it is not immediately obvious to the Court that requiring the plaintiff to pay $405.00 would interfere with his ability to provide such necessities, in light of the income he has previously received, 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 $200; (2) the source of the $700; (3) whether he expects any further income from either source and, if so, the amount and the date(s) on which it is expected; and (4) how he spent the money received. This statement may be handwritten but must (a) include the case name of Brown v. Maldonado et al and the case number of 24-cv-310; (b) be signed under the penalty of perjury; and (c) be submitted to the Court no later than March 29, 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 3/11/2024.(Corriette, M.) |
| Filing 9 Notice of Option to Consent to Magistrate Judge Jurisdiction. (Gaskins, A) |
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Filing 8
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Alvin W. Thompson on 3/6/2024.(Gaskins, A)
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Filing 7
Prisoner E-Filing Standing Order on Prisoner Electronic Filing Program Signed by Chief Judge on 6/22/2016.(Gaskins, A)
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Filing 6
Standing Protective Order Signed by Judge Alvin W. Thompson on 3/6/2024.(Gaskins, A) Modified on 3/7/2024 to correct file date (Gaskins, A).
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| Filing 5 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 3/6/2024. (Oliver, T.) |
| Filing 4 Prisoner Trust Fund Account Statement by Larry H. Brown. (Oliver, T.) |
| Filing 3 Prisoner Authorization Form by Larry H. Brown. (Oliver, T.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Larry H. Brown. (Oliver, T.) |
| Filing 1 COMPLAINT against Edward Maldonado, Kevin Roy, Scott Semple, filed by Larry H. Brown. (Oliver, T.) |
| Judge Alvin W. Thompson and Judge Maria E. Garcia added. (Oliver, T.) |
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