Bustos v. Sample
Leonardo Bustos |
Sample |
3:2024cv00552 |
March 29, 2024 |
US District Court for the District of Connecticut |
Robert M Spector |
Stefan R Underhill |
Prisoner Petitions - Prison Conditions |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.
Document Text |
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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.) |
Filing 8 Notice of Option to Consent to Magistrate Judge Jurisdiction. (Reis, J) |
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) |
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). |
Filing 5 Standing Protective Order Signed by District Judge Stefan R. Underhill on 3/29/2024. (Reis, J) |
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) |
Filing 3 Prisoner Trust Fund Account Statement by Leonardo Bustos. (Gaskins, A) |
Filing 2 MOTION for Leave to Proceed in forma pauperis, MOTION to Proceed in Fictitious Name by Leonardo Bustos. (Gaskins, A) |
Filing 1 COMPLAINT against Sample, filed by Leonardo Bustos. (Attachments: #1 Envelope)(Gaskins, A) |
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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