Barber v. Kettle et al
| David Barber |
| Steven Cabral, Cory Cloud, Walter Duffy, Charles Burt, Allen Reposo and Mathew Kettle |
| 1:2019cv00369 |
| July 9, 2019 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| William E Smith |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 5 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 10/3/2019. (Urizandi, Nisshy) |
TEXT ORDER - After initial IFP screening pursuant to 28 USC sec. 1915( e )(2) and out of deference to Plaintiff's pro se status, Plaintiff's Amended Complaint is accepted and shall be served on Defendants for a responsive pleading. This initial screening determination is, of course, without prejudice to any Rule 12(b)(6) challenges that Defendants may present in such responsive pleading to any of Plaintiff's constitutional claims. So Ordered by Magistrate Judge Lincoln D. Almond on 9/3/2019. (Noel, Jeannine)
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TEXT ORDER adopting #3 Report and Recommendations, dismissing without prejudice #1 Complaint and granting #2 Motion to Proceed in forma pauperis, and referring #4 AMENDED COMPLAINT to Magistrate Judge Lincoln D. Almond for initial screening - So Ordered by Chief Judge William E. Smith on 8/29/2019. (Urizandi, Nisshy)
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| Filing 4 AMENDED COMPLAINT against Charles Burt, Steven Cabral, Cory Cloud, Walter Duffy, Mathew Kettle, and Allen Reposo filed by David Barber. (Attachments: #1 Envelope, #2 Cover Letter)(Farrell Pletcher, Paula) |
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Filing 3
REPORT AND RECOMMENDATION FOR SUMMARY DISMISSAL PURSUANT TO 28 U.S.C. SECTION 1915(e) and ORDER - Plaintiff's Motion to Proceed In Forma Pauperis (Document No. 2) is GRANTED. However, pursuant to 28 U.S.C. 1915(e)(2)(B), I further recommend that Plaintiff's Complaint be DISMISSED WITHOUT PREJUDICE and with leave to file an Amended Complaint within thirty days of the District Court's Order of Dismissal which remedies the numerous pleading deficiencies noted herein. In addition, should Plaintiff choose to file an Amended Complaint, he is advised, first and foremost, to comply with Federal Rule of Civil Procedure 8(a), which requires "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). #2 MOTION for Leave to Proceed in forma pauperis filed by David Barber, #1 Complaint filed by David Barber ( Objections to R&R due by 8/14/2019.) So Ordered by Magistrate Judge Lincoln D. Almond on 7/31/2019. (Noel, Jeannine)
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| MOTIONS REFERRED: #2 MOTION for Leave to Proceed in forma pauperis referred for determination to Magistrate Judge Lincoln D. Almond. (Urizandi, Nisshy) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by David Barber. (Attachments: #1 Inmate Account Statement)(Potter, Carrie) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by David Barber. (Attachments: #1 Inmate Account Statement)(Potter, Carrie) |
| Filing 1 COMPLAINT, filed by David Barber. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(Potter, Carrie) |
| Filing 1 COMPLAINT, filed by David Barber. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(Potter, Carrie) |
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