Diaz v. State of Rhode Island et al.
| Samuel J. Diaz |
| Attorney General Peter F. Neronha, Superior Court Mag. Richard Rospallo, Defense Attorney Thomas Gulick, Assistant Atty Gen. Laura Nicholson, Patricia Coyne-Fague, Attorney Jillian Dubois, Ronald Ronzie, John Flynn, Travis Drappi, Robert P. McKenna, Clerk Nicholas Cote, Robert E. Johnson, Esq., Jeanie McConaghy, Daniel Guglielmo, Attorney Judy Davis, Attorney David Curtin, Kathleen Kelly, Patrick Burk, Clerk Maureen McIntyre and State of Rhode Island |
| 1:2021cv00411 |
| October 13, 2021 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2021. A more recent docket listing may be available from PACER.
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| Filing 12 JUDGMENT dismissing the Complaint, ECF No. #1 . So Entered by the Clerk of Court on 11/30/2021. (Urizandi, Nisshy) |
TEXT ORDER adopting #10 Report and Recommendations ("R. & R.") over #11 Plaintiff's Objection to the Report and Recommendation. After careful consideration, the Court adopts the conclusions and reasoning of the Report and Recommendation, except as to the determination that Plaintiff had "three strikes" under 28 U.S.C. 1915(g) prior to the filing of this suit. See R. & R. 6-9. While the thoughtful analysis of the Magistrate Judge may well be correct, the Court declines to reach a question that it need not decide in the presence of an active circuit split. See id. at 8. This determination will have no effect on future litigation efforts by Mr. Diaz, because whether or not he was a "three-striker" prior to the filing of this suit, there is no question he is one now. Therefore, for the reasons stated in the R. & R., Plaintiff's Complaint, ECF No. #1 , is DISMISSED as frivolous and for failure to state any legally viable claims; his application to proceed in Forma Pauperis, ECF No. 4, is [DENIED] as moot; his Motion to Amend, ECF No. #8 , is DENIED because it is unrelated to the claims of his original complaint; and his Motion for a Temporary Restraining Order and Injunctive Relief, ECF No. #9 , is DENIED as moot. So Ordered by District Judge William E. Smith on 11/30/2021. (Urizandi, Nisshy)
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| Filing 11 OBJECTION to #10 Report and Recommendations filed by Samuel J. Diaz. (Attachments: #1 Supplement, #2 Envelope, #3 Envelope)(Kenny, Meghan) |
| DOCKET NOTE: Letter received from Mr. Diaz requesting status of his case. Docket Sheet and Report and Recommendations document number #10 mailed to Mr. Diaz. (DaCruz, Kayla) |
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Filing 10
REPORT AND RECOMMENDATIONS re #4 MOTION for Leave to Proceed in forma pauperis filed by Samuel J. Diaz, #8 MOTION to Amend/Correct #1 Complaint filed by Samuel J. Diaz, #1 Complaint filed by Samuel J. Diaz, #9 MOTION to Show Cause for an Preliminary Injunction and a Temporary Restraining Order filed by Samuel J. Diaz Objections to R&R due by 11/26/2021.. I recommend that Plaintiff's Complaint (ECF No. 1) be DISMISSED as frivolous and for failure to state any legally viable claims, that his IFP Application (ECF No. 4) be DENIED as moot and because he is a three striker, that his motion to amend the complaint (ECF No. 8) be DENIED because it is unrelated to the claims made in the original complaint, and that his motion for a temporary restraining order and injunction relief (ECF No. 9) likewise be DENIED as moot. So Ordered by Magistrate Judge Patricia A. Sullivan on 11/12/2021. (Saucier, Martha)
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| MOTIONS REFERRED: #8 MOTION to Amend/Correct #1 Complaint , #9 MOTION to Show Cause for an Preliminary Injunction and a Temporary Restraining Order referred for determination to Magistrate Judge Patricia A. Sullivan. (Urizandi, Nisshy) |
| Filing 9 MOTION to Show Cause for an Preliminary Injunction and a Temporary Restraining Order filed by Samuel J. Diaz. Responses due by 11/23/2021. (Attachments: #1 Envelope)(DaCruz, Kayla) |
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TEXT ORDER: The Plaintiff shall not file any additional motions, statements, documents, letters, notices, or exhibits until the Court decides the Plaintiff's motion to proceed in forma pauperis. If Plaintiff continues to make such filings, the Court will direct the Clerk to return them to him. So Ordered by District Judge William E. Smith on 11/9/2021. (Simoncelli, Michael)
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| Filing 8 MOTION to Amend/Correct #1 Complaint filed by Samuel J. Diaz. Responses due by 11/22/2021. (Attachments: #1 Amended Complaint, #2 Envelope)(DaCruz, Kayla) |
| Filing 7 NOTICE Exhibits in Support by Samuel J. Diaz re #1 Complaint (Attachments: #1 Exhibit, #2 Envelope)(DaCruz, Kayla) |
| Filing 6 NOTICE by Samuel J. Diaz (Attachments: #1 Exhibit, #2 Envelope)(DaCruz, Kayla) |
| Filing 5 Letter from Samuel DiazMailed copy of Docket. (Attachments: #1 Envelope) (DaCruz, Kayla) |
| MOTIONS REFERRED: #4 MOTION for Leave to Proceed in forma pauperis referred for Report and Recommendation to Magistrate Judge Patricia A. Sullivan. (Urizandi, Nisshy) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Samuel J. Diaz. (Kenny, Meghan) |
| Filing 3 Summons Requests filed by Samuel J. Diaz. (Kenny, Meghan) |
| Filing 2 EXHIBIT IN SUPPORT by Samuel J. Diaz in support of #1 Complaint. (Kenny, Meghan) |
| Filing 1 COMPLAINT filed by Samuel J. Diaz. (Attachments: #1 Supplement, #2 Civil Cover Sheet)(Kenny, Meghan) |
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