Sevegny v. Rhode Island Department of Corrections
| Bryan Sevegny |
| Rhode Island Department of Corrections |
| 1:2022cv00271 |
| July 19, 2022 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on September 14, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 5
REPORT AND RECOMMENDATIONS re #2 MOTION for Leave to Proceed in forma pauperis filed by Bryan Sevegny Objections to R&R due by 9/28/2022.. I recommend that Plaintiff's IFP motion be denied because Plaintiff is barred from in forma pauperis status as a three striker under the PLRA. I further recommend dismissal of Plaintiff's federal law claims because the amended complaint fails to state a claim and the claims Plaintiff purports to bring are barred by the applicable statute of limitations. And with no federal question jurisdiction to anchor the case in this Court, I recommend that Plaintiff's state law claims be dismissed because the Court lacks subject matter jurisdiction to consider them. So Ordered by Magistrate Judge Patricia A. Sullivan on 9/14/2022. (Saucier, Martha)
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| Filing 4 AMENDED COMPLAINT against Rhode Island Department of Corrections, filed by Bryan Sevegny. (Attachments: #1 Exhibit, #2 Letter to Clerk, #3 Envelope)(Simoncelli, Michael) |
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Filing 3
MEMORANDUM AND ORDER DIRECTING PLAINTIFF TO SHOW CAUSE AND FILE AMENDED PLEADING - Plaintiff is hereby ordered to show cause in writing within thirty days of the issuance of this Memorandum and Order why he is eligible for in forma pauperis status despite his civil case history of at least nine dismissals of civil actions for failure to state a claim while he was a prisoner. Plaintiff is further ordered, in the same time frame, to file an amended complaint that pleads fact sufficient to plausibly state an actionable claim of a constitutional deprivation, as well as to permit the inference that he can overcome the bar of 1983's three-year statute of limitations. As to each of these Orders, if Plaintiff fails to do so, or if his submissions are still deficient, I will issue a report that recommends that this case be dismissed because it fails to state a claim and/or is barred by the applicable statute of limitations and/or that the IFP motion be denied because Plaintiff is barred from in forma pauperis status as a three-striker pursuant to the PLRA. So Ordered by Magistrate Judge Patricia A. Sullivan on 7/28/2022. (Noel, Jeannine)
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| MOTIONS REFERRED: #2 MOTION for Leave to Proceed in forma pauperis referred for determination to Patricia A. Sullivan. (Urizandi, Nissheneyra) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Bryan Sevegny. (Attachments: #1 Account Statement)(Kenny, Meghan) |
| Filing 1 COMPLAINT, filed by Bryan Sevegny. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(Kenny, Meghan) |
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| Plaintiff: Bryan Sevegny | |
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| Defendant: Rhode Island Department of Corrections | |
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