DeBritto v. Figueredo et al.
| Timothy DeBritto |
| Nuno Figueredo and Rhode Island Department of Corrections |
| 1:2023cv00504 |
| November 29, 2023 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| Mary S McElroy |
| 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 December 22, 2023. A more recent docket listing may be available from PACER.
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Filing 5
Amended Judgment entered in accordance with the text order of 12/22/23. So Ordered by District Judge Mary S. McElroy on 12/22/2023. (Potter, Carrie)
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TEXT ORDER: The Plaintiffs Motion to Clarify Judgment (ECF No. #4 ) is GRANTED. After review the Court concludes that it failed to address the Plaintiffs 14th Amendment Claim. The judgment of December 7, 2023, is vacated. The Court is required to review complaints filed in forma pauperisand to dismiss if the complaint fails to state a claim on which relief may be granted. 28 USC 1915(e)(2)(B)(ii). The Complaint fails to describe with specificity a concrete injury in its Eighth Amendment allegation and fails to support its Fourteenth Amendment allegation with anyfacts demonstrating that the Special Investigation Unit uses racist and bias determinations to determine gang membership. It also fails to support the reckless disregard that a claim brought under 42 U.S.C. 1983 requires. The Application to Proceed in Forma Pauperis (ECF No.2) is DENIED and the Complaint is DISMISSED. So Ordered by District Judge Mary S. McElroy on 12/22/2023. (Potter, Carrie)
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| Filing 4 MOTION to Clarify #3 Judgment filed by Timothy DeBritto. Responses due by 1/2/2024. (Attachments: #1 Envelope)(Kenny, Meghan) |
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Filing 3
JUDGMENT entered in accordance with the text order of 12/7/2023. So Ordered by District Judge Mary S. McElroy on 12/7/2023. (Potter, Carrie)
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TEXT ORDER: Pursuant to the review required by to 28 USC 1915(e)(2) and 1915(A), the Court dismisses the Complaint for failure to state a plausible claim. The allegations in the Complaint fail to support the reckless disregard that an Eighth Amendment failure to protect claim brought under 42 U.S.C. 1983 requires and it fails to describe with specificity a concrete injury. The Application to Proceed In Forma Pauperis (ECF No. #2 ) is DENIED and the Complaint is DISMISSED. So Ordered by District Judge Mary S. McElroy on 12/7/2023. (Potter, Carrie)
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| Filing 2 First MOTION for Leave to Proceed in forma pauperis filed by Timothy DeBritto. (Attachments: #1 Envelope)(Gonzalez Gomez, Viviana) |
| Filing 1 COMPLAINT, filed by Timothy DeBritto. (Attachments: #1 Envelope) (Gonzalez Gomez, Viviana) |
| Case assigned to District Judge Mary S. McElroy and Magistrate Judge Lincoln D. Almond. (Gonzalez Gomez, Viviana) |
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