Enwonwu v. Department of Homeland Security et al
| Francis Obiora Enwonwu |
| Department of Homeland Security and Wyatt Detention Facility |
| 1:2023cv00502 |
| November 29, 2023 |
| US District Court for the District of Rhode Island |
| Mary S McElroy |
| Patricia A Sullivan |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on January 25, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 Summons Request filed by Francis Obiora Enwonwu. (Attachments: #1 Summons, #2 Letter, #3 Envelope)(Hill, Cherelle) |
| DOCKET NOTE: Regarding: #7 Summons Request. Mailed 2 new Summons for Francis Obiora Enwonwu to fill out due to summons being filled out incorrectly. (Hill, Cherelle) |
| Filing 6 Letter sent to Plaintiff requesting that the Process Receipt and Return form (USM-285) and summons be completed in order for the U.S. Marshals Service to effectuate service pursuant to Fed. R. Civ. P. 4(c)(3). USM -285 form can be found by clicking # here. (Potter, Carrie) |
TEXT ORDER: Plaintiffs Motion for Leave to Proceed in forma pauperis (ECF No. #3 ) 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 Plaintiffs account averaged $108.50 during the relevant period. During the same period, his average monthly balance was $274.80. Therefore, Plaintiff is required to pay $54.96 as an initial filing fee. The Donald J. Wyatt Detention Facility is directed to forward to the Court each month 20% of the income credited to Plaintiffs account every time the amount in the account exceeds $10.00 until he has paid the entire filing fee of $350.00.. 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 1/9/2024. (Potter, Carrie)
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| DOCKET NOTE: Blank summons and USM-285 form sent to Plaintiff on 1/9/2024 (Potter, Carrie) |
| Filing 5 Civil Cover Sheet, filed by Francis Obiora Enwonwu. Regarding New Case: #1 Complaint. (Attachments: #1 Letter to Clerk, #2 Envelope) (Gonzalez Gomez, Viviana) |
| Filing 4 Prisoner Trust Fund Account Statement by Francis Obiora Enwonwu. (Attachments: #1 Envelope) (Gonzalez Gomez, Viviana) |
| Filing 3 First MOTION for Leave to Proceed in forma pauperis filed by Francis Obiora Enwonwu. (Attachments: #1 Exhibit A, #2 Envelope)(Gonzalez Gomez, Viviana) |
| Filing 2 CASE OPENING NOTICE ISSUED (Gonzalez Gomez, Viviana) |
| Filing 1 COMPLAINT, filed by Francis Obiora Enwonwu. (Attachments: #1 Letter to Clerk, #2 Exhibit: Medical Records, #3 Blank Criminal Summons and Subpoenas, #4 Envelope) (Gonzalez Gomez, Viviana) |
| Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana) |
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TEXT ORDER: Plaintiff Francis Enwonwu has presented the Clerk's office with what appears to be a pro se civil complaint, which the Court directs be docketed as a new case. Plaintiff's new complaint includes an exhibit that consists of copies of medical records, which the Clerk is directed to docket under seal. However, Plaintiff's submission to the Clerk's office is incomplete in that he has failed to include a civil cover sheet or either the filing fee ($402) or an application to proceed in forma pauperis ("IFP") if he cannot afford the filing fee. The Clerk is directed to provide Plaintiff with a blank civil cover sheet, instructions for paying the filing fee and a blank IFP application form forthwith. Within thirty days of the issuance of this text order, Plaintiff is ordered to send back to the Clerk's office the civil cover sheet, filled in for initiating this case, and either the filing fee or the completed IFP application. If Plaintiff fails to comply with this order, this new case will be dismissed without prejudice. The Court also notes that Plaintiff has attached a blank summons for a criminal case. This is not a criminal case. Once the case is initiated by his submission of the civil cover sheet and either the filing fee or an IFP application, Plaintiff may proceed to procure the issuance of the civil summons(es). Plaintiff is cautioned that the summons and a copy of the complaint must be served on any named defendant within 90 days of the filing of the complaint, which has occurred today, provided that this time may be extended for good cause. See Fed. R. Civ. P. 4(m). So Ordered by Magistrate Judge Patricia A. Sullivan on 11/29/2023. (Gonzalez Gomez, Viviana)
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