Hernandez Malave v. C.O. Moson et al
| Oneil Hernandez Malave |
| C.O. Moson, C.O. Peixoto, Lt. McDaniel, Captain Macomber, C.O. Cullinan, C.O. Santos, Lynn Corry and Wayne T. Salisbury Jr. |
| 1:2023cv00524 |
| December 12, 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 |
| None |
Docket Report
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This docket was last retrieved on January 24, 2024. A more recent docket listing may be available from PACER.
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| Filing 4 NOTICE OF SERVICE: The Court has granted IFP status and ordered the complaint to be served. Pursuant to the Agreement on Service between the U.S. District Court for the District of Rhode Island and the Rhode Island Attorney General, this Notice constitutes service as directed by the Court. Within 30 days, the RI Attorney General shall file a Notice of Acceptance of Service or a Notice of Declination of Service or both if necessary on behalf of the defendant(s) named in the complaint. # Please click here to access the Acceptance of Service form or # Please click here to access the Declination of Service form .Notice of Acceptance or Declination of Service due by 2/23/2024. (Potter, Carrie) |
TEXT ORDER: Plaintiffs Motion for Leave to Proceed in forma pauperis (ECF No. #2 ) 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 $121.67 during the relevant period. During the same period, his average monthly balance was $85.56. Therefore, Plaintiff is required to pay $24.33 as an initial filing fee. The Rhode Island Department of Corrections 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. So Ordered by District Judge Mary S. McElroy on 1/24/2024. (Potter, Carrie)
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| Filing 3 Prisoner Trust Fund Account Statement by Oneil Hernandez Malave. (Attachments: #1 Envelope)(Gonzalez Gomez, Viviana) |
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TEXT ORDER : Pursuant to 28 U.S.C. 1915(a)(2), Plaintiff must "submit a certified copy of the trust fund account statement... for the prisoner for the 6-month period immediately preceding the filing of the complaint..., obtained from the appropriate official of each prison at which the prisoner is or was confined." The Prisoner Trust Fund Account Statements are due by 2/8/2024. Failure to submit the Account Statements may result in the dismissal of complaint. So Ordered by District Judge Mary S. McElroy on 1/8/2024. (Potter, Carrie)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by All Plaintiffs. (Attachments: #1 Envelope)(Gonzalez Gomez, Viviana) |
| Filing 1 COMPLAINT, filed by Oneil Hernandez Malave. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Envelope) (Gonzalez Gomez, Viviana) CLERKS NOTE: Remote electronic access to Exhibit 1 has been restricted by the Clerk's Office as it contains one or more personal identifiers. |
| Case assigned to District Judge Mary S. McElroy and Magistrate Judge Lincoln D. Almond. (Gonzalez Gomez, Viviana) |
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