Pena-Luguera et al v. Nieves et al
| Joshua Jandel Ortiz-Diaz and Juan Carlos Pena-Luguera |
| MDC Guaynabo and Capitan FNU Nieves |
| 3:2024cv01436 |
| September 19, 2024 |
| U.S. District Court for the District of Puerto Rico |
| Raul M Arias-Marxuach |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 1, 2024. A more recent docket listing may be available from PACER.
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Filing 12
ORDER granting #1 Motion for Leave to Proceed in Forma Pauperis. Plaintiffs shall refrain from further filings until he confers with pro-bono counsel. Pro-bono counsel shall confer with plaintiffs and submit a status report by December 2, 2024. Signed by Judge Raul M. Arias-Marxuach on 11/1/2024. (mrr)
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| Filing 11 CLERK'S NOTICE OF DEFECTIVE FILING. Pleading or document is not in the English language and plaintiff has not moved for permission to file pleading in the Spanish language. L.Civ.R. 5. Notice of Compliance Deadline due by 11/6/2024. (Attachments: #1 Exhibits) (rim) (Notice sent to both plaintiffs.) |
| Filing 10 AMENDED COMPLAINT against MDC Guaynabo, FNU Nieves, filed by Juan Carlos Pena-Luguera, Joshua Jandel Ortiz-Diaz, pro se. (Attachments: #1 Exhibit s 1-13, #2 Envelope)(rim) |
| Filing 9 ***RESTRICTED*** Certified Prisoner Trust Fund Account Statement by Juan Carlos Pena-Luguera, pro se. (rim) |
| Filing 8 NOTICE of Appointment of Counsel Manuel A. Martin-Mendez to represent Joshua Jandel Ortiz-Diazre 6 Order. Signed by Clerk on 10/9/2024. (Attachments: #1 Notice of Appointment in Spanish Language) (rim)(Notice sent via mail to Counsel and Plaintiff Ortiz-Diaz) Modified to add text on 10/9/2024 (rim). |
| Filing 7 NOTICE of Appointment of Counsel Manuel A. Martin-Mendez to represent Juan Carlos Pena-Luguera re 6 Order. Signed by Clerk on 10/9/2024. (Attachments: #1 Notice of Appointment in Spanish Language)(rim) (Notice sent via mail to Counsel and Plaintiff Pena-Luguera.) |
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Filing 6
ORDER: Pursuant to Local Rule 83(j), the Clerk of the Court shall appoint pro-bono counsel to represent plaintiffs at no cost to them. Signed by Judge Raul M. Arias-Marxuach on 10/8/2024. (mrr)
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Filing 5
ORDER holding in abeyance #1 MOTION for Leave to Proceed in forma pauperis and granting in part and denying in part #4 MOTION for leave. Plaintiff's request for an extension to file a certified copy of his account balance is GRANTED. On or by October 29, 2024, Plaintiff shall file a certified copy of his trust fund account statement to reflect his current balance as required by L. CV. R. 3(b)(2). Plaintiffs' request to continue proceedings in Spanish is DENIED. The official language of this court is English and thus all filings and documents must be submitted in English or accompanied by a certified English translation. See 48 U.S.C. 864; L. CV. R. 5(c). Accordingly, at the appropriate time, any subsequent filings must be in the English language or accompanied by a certified English translation. Lastly, Plaintiffs' request for a preliminary injunction, which was made in passing as a footnote in the Motion at Docket No. #4 , is denied without prejudice for failure to remotely address: "(1) the likelihood of success on the merits; (2) the potential for irreparable harm if the injunction is denied; (3) the balance of relevant impositions, i.e., the hardship to the nonmovant if enjoined as contrasted with the hardship to the movant if no injunction issues; and (4) the effect (if any) of the court's ruling on the public interest." Charlesbank Equity Fund II v. Blinds To Go, Inc., 370 F.3d 151, 162 (1st Cir. 2004) (quoting Ross-Simons of Warwick, Inc. v. Baccarat, Inc., 102 F.3d 12, 15 (1st Cir. 1996)). Signed by Judge Raul M. Arias-Marxuach on 10/8/2024. (mrr)
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| Filing 4 *CASE PARTICIPANTS* MOTION for Leave to File Spanish language documents, MOTION for Extension of Time, MOTION requesting Order: to be on the same unit filed by Joshua Jandel Ortiz-Diaz and Juan Carlos Pena-Luguera, pro se. Responses due by 10/21/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(rim) |
| Filing 3 NOTICE TO PRO SE LITIGANT: The Clerk's Office has received your Complaint. A new case has been opened and assigned to Judge Raul M. Arias-Marxuach. Any further documents or correspondence you send to the Clerk's Office concerning your case must include the case number: 3:24-cv-01436-RAM. All documents for filing must also contain an original signature. Submitted documents are electronically scanned for filing and they become official court record. The quality of the official court record is determined by the quality of the original documents received for filing. Writing should only be on one side of the paper and dark enough for scanning. The Court enforces its rules and expects compliance with all directives; failure to comply with a court rule, federal law, or court directive may result in dismissal. The plaintiff must also keep the Court informed of any address changes. If the Court is not kept informed and multiple items are returned undelivered, the case may be dismissed without prejudice for failure to prosecute. (Copy of this notice sent to Pro Se by mail.) (rim) Modified filing date on 10/9/2024 (rim). |
| Filing 2 CLERK'S NOTICE OF DEFECTIVE FILING. Pleading or Document is not in the English language and Plaintiff has not moved for permission to file pleading in the Spanish language L.Civ.R.5. The Prisoner did not attach a statement certified by the appropriateinstitutional officer, showing all receipts, expenditures, and balancesduring the last six months in his/her institutional account. Other: The Complaint is missing the signature of both Plaintiffs.Notice of Compliance Deadline due by 10/19/2024. (Attachments: #1 Complaint, #2 Exhibit, #3 Envelope) (rim) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis filed by Juan Carlos Pena-Luguera, pro se. Responses due by 10/3/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: ***SELECTED PARTIES*** #1 Affidavit in Support of Motion)(rim) |
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