Lucas v. Garland et al
| Kevin Lucas |
| Merrick B Garland, Peter F. Nerhona, Wing Chau, Donald W. Wyatt Detention Facility, Daniel W. Martin, Yaniras Paulino, Edward Blanchette, Holly Fernandes and Ron Labonte |
| 1:2023cv00225 |
| June 1, 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 24, 2023. A more recent docket listing may be available from PACER.
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Filing 4
REPORT AND RECOMMENDATIONS re #2 MOTION for Leave to Proceed in forma pauperis filed by Kevin Lucas, #1 Complaint, filed by Kevin Lucas Objections to R&R due by 8/7/2023.. I recommend that Plaintiff's complaint be dismissed for failing to state a claim, provided that he first be afforded thirty days to file an amended pleading that either states a plausible federal law claim properly based on Bivens or grounded on some other viable federal law mechanism, or that states a state law cause of action over which this Court has subject matter jurisdiction. If Plaintiff fails to file an amended pleading or if the amended pleading still fails to state a claim, I recommend that this case be dismissed with prejudice and the IFP motion be denied as moot. So Ordered by Magistrate Judge Patricia A. Sullivan on 7/24/2023. (Saucier, Martha)
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TEXT ORDER granting #3 Motion to Amend/Correct. Based on Fed. R. Civ. P. 15(a), which permits one amendment as a matter of course until twenty-one days after service, and mindful that this complaint has not been served because it is being screened, the motion to amend is granted. So Ordered by Magistrate Judge Patricia A. Sullivan on 6/30/2023. (Saucier, Martha)
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| Filing 3 MOTION to Amend/Correct #1 Complaint, filed by Kevin Lucas. Responses due by 7/11/2023. (Attachments: #1 Proposed Amended Complaint, #2 Proposed Exhibit, #3 Envelope)(Kenny, Meghan) Modified on 6/27/2023 (Kenny, Meghan).CLERKS NOTE: Remote electronic access to the document has been restricted by the Clerks Office as it contains one or more personal identifiers. |
| MOTIONS REFERRED: #3 MOTION to Amend/Correct #1 Complaint, referred for determination to Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Kevin Lucas. (Kenny, Meghan) |
| Filing 1 COMPLAINT, filed by Kevin Lucas. (Attachments: #1 Exhibits, #2 Civil Cover Sheet)(Kenny, Meghan) Modified on 6/1/2023 CLERKS NOTE: Remote electronic access to the Exhibits document has been restricted by the Clerks Office as it contains one or more personal identifiers. (Kenny, Meghan). |
| MOTIONS REFERRED: #2 MOTION for Leave to Proceed in forma pauperis referred for determination to Patricia A. Sullivan. (Urizandi, Nissheneyra) |
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