Silvia v. RIPTA Ride - Flex Program
Plaintiff: David A. Silvia
Defendant: RIPTA Ride - Flex Program
Case Number: 1:2020cv00203
Filed: May 6, 2020
Court: US District Court for the District of Rhode Island
Presiding Judge: William E Smith
Referring Judge: Patricia A Sullivan
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 28:1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 29, 2020 Opinion or Order TEXT ORDER: : After a review of the complaint under 28 U.S.C. Section 1915, the Court accepts the Report and Recommendation #5 for the reasons set forth therein. The Complaint in its current form fails to state a cause of action under the ADA. Mr. Silvia's objection #6 pointing out that he is "asking the Court to address if the RIDE program is willing violating the ADA law by not adopting a situation that would not leave the rider abandoned" does not cure the deficiencies in his Complaint because, as the R&R sets forth, the Complaint does not set forth plausible facts that would support an ADA claim based on the 5-minute only wait rule. Mr. Silvia is granted 30 days leave to file an amended complaint if he wishes to do so. If he fails to file an amended complaint or if the amended complaint fails to state a viable ADA claim, this matter will be summarily dismissed - So Ordered by Chief Judge John J. McConnell, Jr. on 6/29/2020. (Barletta, Barbara)
June 24, 2020 Filing 6 OBJECTION to #5 Report and Recommendations filed by David A. Silvia. (Potter, Carrie)
June 18, 2020 Opinion or Order Filing 5 REPORT AND RECOMMENDATIONS re #3 MOTION for Leave to Proceed in forma pauperis filed by David A. Silvia, #1 Complaint filed by David A. Silvia Objections to R&R due by 7/2/2020.. I recommend that the complaint in its present form beDISMISSED because it fails to state a claim under the ADA. Because it is conceivable that Plaintiff may have omitted well-pleaded facts, Iqbal, 556 U.S. at 679, sufficient to support a plausible ADA claim, I also recommend that he be afforded leave to replead within thirty days of the Courts adoption of this report and recommendation. See Brown v. Rhode Island, 511 F.Appx 4, 5-7 (1st Cir. 2013). If Plaintiff does not file an amended complaint, or if his amended complaint still fails to state a viable ADA claim, I recommend that the matter be summarily dismissed. So Ordered by Magistrate Judge Patricia A. Sullivan on 6/18/2020. (Saucier, Martha)
June 15, 2020 Opinion or Order TEXT ORDER granting #4 MOTION to Inquire .. Because of his IFP application, Plaintiffs complaint is subject to screening pursuant to 28 U.S.C. 1915(e)(2)(B). So Ordered by Magistrate Judge Patricia A. Sullivan on 6/15/2020. (Saucier, Martha)
June 3, 2020 MOTIONS REFERRED: #4 MOTION to Inquire referred for determination to Magistrate Judge Patricia A. Sullivan. (Barletta, Barbara)
June 2, 2020 Filing 4 MOTION to Inquire filed by David A. Silvia. Responses due by 6/16/2020. (Potter, Carrie)
May 13, 2020 Case reassigned to Chief Judge John J. McConnell, Jr.; District Judge William E. Smith no longer assigned to the case. (Jackson, Ryan)
May 13, 2020 Opinion or Order TEXT ORDER Transferring this matter to the Calendar of Chief Judge John J. McConnell for all future proceedings. So Ordered by District Judge William E. Smith on 5/13/2020. (Jackson, Ryan)
May 8, 2020 MOTIONS REFERRED: #3 MOTION for Leave to Proceed in forma pauperis referred for determination to Magistrate Judge Patricia A. Sullivan. (Jackson, Ryan)
May 6, 2020 Filing 3 MOTION for Leave to Proceed in forma pauperis filed by David A. Silvia. (Hicks, Alyson)
May 6, 2020 Filing 2 CASE OPENING NOTICE ISSUED (Hicks, Alyson)
May 6, 2020 Case assigned to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. (Hicks, Alyson)
May 6, 2020 Filing 1 COMPLAINT, filed by David A. Silvia. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Hicks, Alyson) (Main Document 1 replaced complete document on 5/11/2020) (Hicks, Alyson).
May 6, 2020 Filing 3 MOTION for Leave to Proceed in forma pauperis filed by David A. Silvia. (Hicks, Alyson)
May 6, 2020 Filing 2 CASE OPENING NOTICE ISSUED (Hicks, Alyson)
May 6, 2020 Case assigned to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. (Hicks, Alyson)
May 6, 2020 Filing 1 COMPLAINT, filed by David A. Silvia. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Hicks, Alyson)

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Plaintiff: David A. Silvia
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