Rivera v. Coyne-Fague et al
| Alberto Rivera |
| Billie-Jo Gallagher, Joshua Macomber, Jeffery Aceto, Particia Coyne-Fague and Vance Tyree |
| 1:2019cv00290 |
| May 21, 2019 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| John J McConnell |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 5 Notice of Acceptance of Service filed by Jeffery Aceto, Vance Tyree, Billie-Jo Gallagher, Particia Coyne-Fague, Joshua Macomber. Jeffery Aceto served on 6/24/2019, answer due 8/23/2019; Vance Tyree served on 6/24/2019, answer due 8/23/2019; Billie-Jo Gallagher served on 6/24/2019, answer due 8/23/2019; Particia Coyne-Fague served on 6/24/2019, answer due 8/23/2019; Joshua Macomber served on 6/24/2019, answer due 8/23/2019. (Lyness, Sean) |
| Filing 4 NOTICE OF SERVICE: The Court has granted IFP status and ordered the complaint to be served. Pursuant to the Agreement on Service between the U.S. District Court for the District of Rhode Island and the Rhode Island Attorney General, this Notice constitutes service as directed by the Court. Within 30 days, the RI Attorney General shall file a Notice of Acceptance of Service or a Notice of Declination of Service or both if necessary on behalf of the defendant(s) named in the complaint. # Please click here to access the Acceptance of Service form or # Please click here to access the Declination of Service form .Notice of Acceptance or Declination of Service due by 6/24/2019. (Potter, Carrie) |
TEXT ORDER denying without prejudice #3 Motion to Appoint Counsel - So Ordered by District Judge John J. McConnell, Jr. on 5/22/2019. (Urizandi, Nisshy)
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| Filing 3 MOTION to Appoint Counsel filed by All Plaintiffs. Responses due by 6/4/2019. (Potter, Carrie) |
| Filing 3 MOTION to Appoint Counsel filed by All Plaintiffs. Responses due by 6/4/2019. (Potter, Carrie) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Alberto Rivera. (Attachments: #1 Affidavit, #2 Supporting Memorandum, #3 Inmate Account)(Potter, Carrie) Modified on 5/21/2019 (Potter, Carrie). CLERKS NOTE: Remote electronic access to the document has been restricted by the Clerks Office as it contains one or more personal identifiers. |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Alberto Rivera. (Attachments: #1 Affidavit, #2 Supporting Memorandum, #3 Inmate Account)(Potter, Carrie) Modified on 5/21/2019 (Potter, Carrie). CLERKS NOTE: Remote electronic access to the document has been restricted by the Clerks Office as it contains one or more personal identifiers. |
| Filing 1 COMPLAINT, filed by Alberto Rivera. (Attachments: #1 Exhibits, #2 Photograph, #3 Civil Cover Sheet, #4 Summons, #5 Letter, #6 Envelope)(Potter, Carrie) |
| Filing 1 COMPLAINT, filed by Alberto Rivera. (Attachments: #1 Exhibits, #2 Photograph, #3 Civil Cover Sheet, #4 Summons, #5 Letter, #6 Envelope)(Potter, Carrie) |
| DOCKET NOTE: Regarding: #3 MOTION to Appoint Counsel , #2 MOTION for Leave to Proceed in forma pauperis , #1 Complaint : The Clerk's Office received 8 identical filings all the above mentioned documents. (Potter, Carrie) |
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TEXT ORDER: Plaintiff Alberto Rivera's Application to Proceed without Prepayment of Fees and Affidavit #2 is GRANTED. However, Mr. Rivera is still required to pay the statutory filing fee of $350.00 for this action. Pursuant to the Prison Litigation Reform Act, adopted April 25, 1996, and codified at 28 U.S.C. 1915(b), a prisoner seeking to file in forma pauperis must pay, when funds exist, an initial filing fee of the greater of 20% of the average monthly deposits to his account or the average monthly balance for the six months prior to the filing of his complaint. See 28 U.S.C. 1915(b)(1). Subsequently, a prisoner must pay monthly 20% of the previous months balance in his account. See 28 U.S.C. 1915(b)(2). Mr. Riveras monthly deposits averaged $66.21 during the six-month period prior to the filing of the Complaint, as reflected in his Inmate Account Summary. His average monthly balance during the relevant period was $1,058.67. Accordingly, Mr. Rivera is required to pay $211.73 as an initial filing fee. The Adult Correctional Institutions shall forward to the Court each month 20% of the previous months balance in Mr. Riveras account each time that amount exceeds $10.00 until he has paid the entire filing fee of $350.00 - So Ordered by District Judge John J. McConnell, Jr. on 5/21/2019. (Urizandi, Nisshy)
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| DOCKET NOTE: Regarding: #3 MOTION to Appoint Counsel , #2 MOTION for Leave to Proceed in forma pauperis , #1 Complaint : The Clerk's Office received 8 identical filings all the above mentioned documents. (Potter, Carrie) |
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TEXT ORDER: Plaintiff Alberto Rivera's Application to Proceed without Prepayment of Fees and Affidavit #2 is GRANTED. However, Mr. Rivera is still required to pay the statutory filing fee of $350.00 for this action. Pursuant to the Prison Litigation Reform Act, adopted April 25, 1996, and codified at 28 U.S.C. 1915(b), a prisoner seeking to file in forma pauperis must pay, when funds exist, an initial filing fee of the greater of 20% of the average monthly deposits to his account or the average monthly balance for the six months prior to the filing of his complaint. See 28 U.S.C. 1915(b)(1). Subsequently, a prisoner must pay monthly 20% of the previous months balance in his account. See 28 U.S.C. 1915(b)(2). Mr. Riveras monthly deposits averaged $66.21 during the six-month period prior to the filing of the Complaint, as reflected in his Inmate Account Summary. His average monthly balance during the relevant period was $1,058.67. Accordingly, Mr. Rivera is required to pay $211.73 as an initial filing fee. The Adult Correctional Institutions shall forward to the Court each month 20% of the previous months balance in Mr. Riveras account each time that amount exceeds $10.00 until he has paid the entire filing fee of $350.00 - So Ordered by District Judge John J. McConnell, Jr. on 5/21/2019. (Urizandi, Nisshy)
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