Reynolds v. Coyne-Fague, et al
| Peter A. Reynolds, Jr. |
| Nathan Estrela, Francis Thibert and Particia Coyne-Fague |
| 1:2021cv00036 |
| January 19, 2021 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| Mary S McElroy |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 12, 2021. A more recent docket listing may be available from PACER.
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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 4/12/2021. (Simoncelli, Michael) |
TEXT ORDER: Plaintiff's #2 Motion for Leave to Proceed in forma pauperis is GRANTED. Plaintiff, however, is still required to pay the statutory filing fee of $350.00 for this action. He 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, he must pay monthly 20% of the previous months income credited to his account. See 28 U.S.C. 1915(b)(2). The monthly deposits to Plaintiff's account during the relevant period averaged $218.33. During the same period, his average monthly balance was $147.67. Therefore, Plaintiff is required to pay $43.67 as an initial filing fee. The ACI is directed to forward to the Court each month 20% of the income credited to Plaintiff's account every time the amount in the account exceeds $10.00 until he has paid the entire filing fee of $350.00. Plaintiff shall make his initial payment within thirty (30) days of the date of this Order. The United States Marshals Service is hereby ordered to serve the plaintiffs summons and complaint on the defendants. So Ordered by District Judge Mary S. McElroy on 3/12/2021.(Urizandi, Nisshy)
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TEXT ORDER: Plaintiff's motion to appoint counsel (ECF No. #3 ) is denied without prejudice to further consideration at a later phase of the case. With no constitutional right to counsel in a civil case, DesRosiers v. Moran, 949 F.2d 15, 23 (1st Cir. 1991), the Court should appoint only in exceptional circumstances, which are not present in this case at its present phase - So Ordered by District Judge Mary S. McElroy on 3/12/2021. (Urizandi, Nisshy)
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TEXT ORDER: Defendants who have been served are directed to respond to Plaintiffs motion to show cause and for temporary restraining order (ECF No. #4 ) at the same time that they are obliged to appear and answer, move or otherwise respond to the Complaint - So Ordered by District Judge Mary S. McElroy on 3/12/2021. (Urizandi, Nisshy)
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| Filing 4 MOTION for Order to Show Cause ( Responses due by 2/2/2021.), MOTION for Temporary Restraining Order filed by Peter A. Reynolds, Jr.. (Attachments: #1 Supporting Memorandum, #2 Declaration)(Potter, Carrie) |
| Filing 4 MOTION for Order to Show Cause ( Responses due by 2/2/2021.), MOTION for Temporary Restraining Order filed by Peter A. Reynolds, Jr.. (Attachments: #1 Supporting Memorandum, #2 Declaration)(Potter, Carrie) |
| Filing 3 MOTION to Appoint Counsel filed by Peter A. Reynolds, Jr.. Responses due by 2/2/2021. (Potter, Carrie) |
| Filing 3 MOTION to Appoint Counsel filed by Peter A. Reynolds, Jr.. Responses due by 2/2/2021. (Potter, Carrie) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Peter A. Reynolds, Jr.. (Attachments: #1 Inmate Account Statement)(Potter, Carrie) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Peter A. Reynolds, Jr.. (Attachments: #1 Inmate Account Statement)(Potter, Carrie) |
| Filing 1 COMPLAINT, filed by Peter A. Reynolds, Jr.. (Attachments: #1 Appendix, #2 Civil Cover Sheet, #3 Letter)(Potter, Carrie) |
| Filing 1 COMPLAINT, filed by Peter A. Reynolds, Jr.. (Attachments: #1 Appendix, #2 Civil Cover Sheet, #3 Letter)(Potter, Carrie) |
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