Bustos v. Sample
Plaintiff: Leonardo Bustos
Defendant: Sample
Case Number: 3:2024cv00552
Filed: March 29, 2024
Court: US District Court for the District of Connecticut
Presiding Judge: Robert M Spector
Referring Judge: Stefan R Underhill
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 5, 2024 Filing 9 NOTICE OF INSUFFICIENCY. The plaintiff has filed a motion for leave to proceed in forma pauperis or "IFP"; in other words, he seeks to commence a federal lawsuit without pre-paying the $405.00 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.In this case Mr. Bustos attests to have $3500 in unspecified property. 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 v. E.I. DuPont de Nemours & Co., "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." On the current record, it is not clear to the Court that Mr. Bustos meets this standard; in other words, it is not immediately obvious that requiring him to pre-pay the $405.00 filing fee would interfere with his ability to supply himself with such necessities.Given this, the Court requests more information from Mr. Bustos to determine whether he meets the standard for in forma pauperis status. Mr. Bustos is directed to submit a statement to the court explaining what property he owns worth $3500. This statement may be handwritten but must (a) include the case name of Bustos v. Semple et al and the case number of 24-cv-552; (b) be signed under the penalty of perjury; and (c) be submitted to the Court no later than April 25, 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 4/5/2024.(Corriette, M.)
March 29, 2024 Filing 8 Notice of Option to Consent to Magistrate Judge Jurisdiction. (Reis, J)
March 29, 2024 Opinion or Order Filing 7 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by District Judge Stefan R. Underhill on 3/29/2024. (Reis, J)
March 29, 2024 Opinion or Order Filing 6 Prisoner E-Filing Standing Order on Prisoner Electronic Filing Program Signed by Chief Judge on 6/22/2016. (Reis, J) Modified on 4/2/2024 to correct file date (Reis, J).
March 29, 2024 Opinion or Order Filing 5 Standing Protective Order Signed by District Judge Stefan R. Underhill on 3/29/2024. (Reis, J)
March 29, 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 3/29/2024.(Gaskins, A)
March 29, 2024 Filing 3 Prisoner Trust Fund Account Statement by Leonardo Bustos. (Gaskins, A)
March 29, 2024 Filing 2 MOTION for Leave to Proceed in forma pauperis, MOTION to Proceed in Fictitious Name by Leonardo Bustos. (Gaskins, A)
March 29, 2024 Filing 1 COMPLAINT against Sample, filed by Leonardo Bustos. (Attachments: #1 Envelope)(Gaskins, A)
March 29, 2024 District Judge Stefan R. Underhill and Judge Robert M. Spector added. (Shafer, J.)

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Plaintiff: Leonardo Bustos
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Defendant: Sample
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