Maldonado v. Warden Nessinger et al
| Jesus Maldonado |
| Warden Nessinger, Major Lapore, Major Damaso and Major J. Sullivan |
| 1:2023cv00195 |
| May 12, 2023 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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TEXT ORDER adopting Magistrate Judge Sullivan's #6 Report and Recommendation. Accordingly, Plaintiff has thirty days to file an amended pleading that states a viable claim as well as an inmate account summary. So Ordered by District Judge William E. Smith on 6/21/2023. (Urizandi, Nissheneyra)
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| Filing 7 MOTION to Appoint Counsel filed by Jesus Maldonado. Responses due by 6/14/2023. (Attachments: #1 Envelope)(Kenny, Meghan) |
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Filing 6
REPORT AND RECOMMENDATIONS re #2 MOTION for Leave to Proceed in forma pauperis filed by Jesus Maldonado Objections to R&R due by 6/13/2023.. I find that Plaintiff's complaint (comprising ECF Nos. 1 and 5) fails to state a claim and recommend that it be dismissed at screening. However, before the complaint is dismissed, I recommend that Plaintiff be afforded thirty days to file an amended pleading that states a viable claim, as well as that he must file the inmate account summary required by 28 U.S.C. 1915(a)(2) for the six-month period preceding the filing of his complaint in order for his IFP motion to be granted. If Plaintiff fails to file an amended pleading or if the amended pleading fails to state a claim, I will recommend that this case be dismissed with prejudice. So Ordered by Magistrate Judge Patricia A. Sullivan on 5/30/2023. (Saucier, Martha)
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| Filing 5 Supplement to Complaint #1 by, Jesus Maldonado. (Attachments: #1 Envelope) (Kenny, Meghan) |
| Filing 4 Letter from Jesus Maldonado re: IFP motion. Clerks office sent letter explaining IFP is still pending. (Kenny, Meghan) |
| Filing 3 Prisoner Trust Fund Account Statement by Jesus Maldonado. (Attachments: #1 Envelope)(DaCruz, Kayla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Jesus Maldonado. (Attachments: #1 Envelope)(DaCruz, Kayla) |
| Filing 1 COMPLAINT, filed by Jesus Maldonado. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(DaCruz, Kayla) |
| MOTIONS REFERRED: #2 MOTION for Leave to Proceed in forma pauperis referred for determination to Patricia A. Sullivan. (Urizandi, Nissheneyra) |
| Case assigned to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. (DaCruz, Kayla) |
| DOCKET NOTE: Regarding: #1 Complaint. Received two additional copies of Complaint and assocaited docments. (DaCruz, Kayla) |
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