Querido v. Wall et al
| Malcolm Querido |
| Correctional Officer Indeglia, S.I.U. Figuredo, Correctional Officer Joseph, Joseph Villella, Correctional Officer Rafferty, Correctional Officer Saratellie, S.I.U Begones, Alboni Imondi, Lieutenant Paquett, Nick Ferro, Correctional Officer Barbosa, Correctiona Officer . Grant, Wayne Salisbury, A.T. Wall and Jason Simoneau |
| 1:2020cv00288 |
| July 1, 2020 |
| US District Court for the District of Rhode Island |
| John J McConnell |
| Patricia A Sullivan |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 20, 2020. A more recent docket listing may be available from PACER.
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TEXT ORDER granting #7 Motion for Extension of Time to 9/8/20 for state defendants to accept service - So Ordered by Chief Judge John J. McConnell, Jr. on 8/20/2020. (Barletta, Barbara)
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| Filing 7 MOTION for an Extension of Time to Accept Service filed by All Defendants. Responses due by 9/2/2020. (Haibon, Shannon) |
| Filing 6 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 8/19/2020. (Potter, Carrie) |
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TEXT ORDER denying without prejudice #4 Motion to Appoint Counsel - So Ordered by Chief Judge John J. McConnell, Jr. on 7/20/2020. (Barletta, Barbara)
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TEXT ORDER: Plaintiff Malcolm Querido's Application to Proceed without Prepayment of Fees and Affidavit is GRANTED. However, Mr. Querido is still required to pay the statutory filing fee of $350.00 for this action. Pursuant to the Prison Litigation Reform Act, 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 month's balance in his account. See 28 U.S.C. 1915(b)(2). Mr. Querido's monthly deposits averaged $72.78 during the six-month period preceding the filing of the Complaint, as reflected in his Inmate Account Summary. His average balance during the same period was $117.18. Accordingly, Mr. Querido is required to pay $23.44 as an initial filing fee. The Adult Correctional Institutions (ACI) shall forward to the Court each month 20% of the previous months balance in Mr. Querido's account each time that amount exceeds $10.00 until he has paid the entire filing fee of $350.00. The United States Marshals Service is hereby ordered to serve the plaintiff's summons and complaint on the defendants - So Ordered by Chief Judge John J. McConnell, Jr. on 7/20/2020. (Barletta, Barbara)
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| Filing 5 Summons Request filed by Malcolm Querido. (Potter, Carrie) |
| Filing 4 MOTION to Appoint Counsel filed by Malcolm Querido. Responses due by 7/29/2020. (Potter, Carrie) |
| Filing 3 Prisoner Trust Fund Account Statement by Malcolm Querido. (Attachments: #1 Envelope)(Potter, Carrie) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Malcolm Querido. (Potter, Carrie) |
| Filing 1 COMPLAINT filed by Malcolm Querido. (Attachments: #1 Civil Cover Sheet)(Potter, Carrie) |
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TEXT ORDER: Plaintiff Malcolm Querido has filed an Application to Proceed without Prepayment of Fees and Affidavit #2 in conjunction with his civil rights action. Although Mr. Querido has submitted the affidavit required by 28 U.S.C. 1915(a)(1), he has not submitted a copy of his inmate trust fund statement (or institutional equivalent) obtained from the appropriate official at the ACI, where he is currently incarcerated, as directed by 1915(a)(2). In connection with proceedings in forma pauperis, 1915(e)(2) instructs the Court to dismiss a case at any time if the Court determines that the action, inter alia, fails to state a claim on which relief may be granted. Without commenting on the merits of Mr. Querido's arguments, on initial review the Court finds that the Complaint states a claim upon which relief may be granted. Accordingly, the Court directs Mr. Querido to file a copy of his prisoner trust fund account statement (or institutional equivalent), obtained from the appropriate official at the ACI, within 30 days of the date of this order. When the Court receives the inmate account statement, it will rule upon the Application. - So Ordered by Chief Judge John J. McConnell, Jr. on 7/1/2020. (Barletta, Barbara)
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