DeBritto et al v. Rhode Island General Assembly et al
| Oneil Hernandez Malave, Timothy DeBritto, Edwin McGill, Oneil Hernandez, Sterling Stevens, Christopher Banks and Jonathan Archie |
| Rhode Island General Assembly, Rhode Island Superior Court and Rhode Island Office of the Attorney General |
| 1:2024cv00018 |
| January 10, 2024 |
| 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 |
| None |
Docket Report
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| Filing 8 Prisoner Trust Fund Account Statement by Timothy DeBritto. (Attachments: #1 Letter, #2 Envelope)(Hill, Cherelle) |
| Filing 7 Mail Returned: Mail sent to Edwin McGill re: notification of #6 Objection, returned as undeliverable. (Gonzalez Gomez, Viviana) |
| Filing 6 OBJECTION to #5 Report and Recommendations, filed by Timothy DeBritto. (Attachments: #1 Envelope) (Gonzalez Gomez, Viviana) |
Filing 5
REPORT AND RECOMMENDATIONS re #1 Complaint filed by Oneil Hernandez Malave, Jonathan Archie, Christopher Banks, Edwin McGill, Timothy DeBritto, Sterling Stevens, #2 First MOTION for Leave to Proceed in forma pauperis filed by Oneil Hernandez Malave, Jonathan Archie, Christopher Banks, Edwin McGill, Timothy DeBritto, Sterling Stevens. I find that, as pled as to all Plaintiffs, the Complaint (ECF No. 1) is subject to dismissal because it lacks any facts that plausibly state a claim for relief arising under the Fifth Amendment's Double Jeopardy Clause or otherwise under the United States Constitution or the laws of the United States. Because it is conceivable that one or more Plaintiffs may be able to overcome this deficiency, I recommend that the Court allow each of them thirty days from the issuance of this Report and Recommendation to file an Amended Complaint. As to each Plaintiff, if they fail to do so, or if the Amended Complaint still fails to state a plausible claim, I recommend that the Court dismiss the case. I further recommend that all claims brought on behalf of similarly situated inmates be summarily dismissed because these pro se Plaintiffs cannot proceed in a representative capacity on behalf of a Fed. R. Civ. P. 23 class. As to any claims that survive screening, I recommend that the IFP application(s) shall remain pending, subject to further review of the requisite inmate account statements, which shall be filed within thirty days of the issuance of this Report and Recommendation. Only as to Plaintiff DeBritto, I recommend that his IFP application shall remain pending subject to further review of his submission showing cause why the three-strike rule does not bar him from proceeding IFP, which shall be filed within thirty days of the issuance of this Report and Recommendation. Alternatively, he may withdraw his IFP application and pay the filing fee within thirty days of the issuance of this Report and Recommendation. As to any Plaintiff who fails to comply with these requirements, I recommend that the IFP application be denied. Objections to R&R due by 2/5/2024.. So Ordered by Magistrate Judge Patricia A. Sullivan on 1/22/2024. (Saucier, Martha)
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TEXT ORDER denying #4 Motion to Appoint Counsel. For the reasons stated in the report and recommendation that issued today, Plaintiffs' motion for appointment of counsel (ECF No. 4) is denied without prejudice. So Ordered by Magistrate Judge Patricia A. Sullivan on 1/22/2024. (Saucier, Martha)
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| MOTIONS REFERRED: #2 First MOTION for Leave to Proceed in forma pauperis , #4 MOTION to Appoint Counsel referred for determination to Patricia A. Sullivan. (Urizandi, Nissheneyra) |
| Filing 4 MOTION to Appoint Counsel filed by Jonathan Archie, Christopher Banks, Timothy DeBritto, Oneil Hernandez Malave, Edwin McGill, Sterling Stevens. Responses due by 1/24/2024. (Attachments: #1 Envelope)(Gonzalez Gomez, Viviana) |
| Filing 3 MOTION to Certify Class filed by Jonathan Archie, Christopher Banks, Timothy DeBritto, Oneil Hernandez Malave, Edwin McGill, Sterling Stevens. Responses due by 1/24/2024. (Attachments: #1 Envelope)(Gonzalez Gomez, Viviana) |
| Filing 2 First MOTION for Leave to Proceed in forma pauperis filed by Jonathan Archie, Christopher Banks, Timothy DeBritto, Oneil Hernandez Malave, Edwin McGill, Sterling Stevens. (Attachments: #1 McGill IFP Application, #2 Stevens IFP Application, #3 Archie IFP Application, #4 Banks IFP Application, #5 DeBritto IFP Application)(Gonzalez Gomez, Viviana) |
| Filing 1 COMPLAINT, filed by Christopher Banks, Oneil Hernandez Malave, Jonathan Archie, Edwin McGill, Timothy DeBritto, Sterling Stevens. (Attachments: #1 Civil Cover Sheet, #2 Envelope) (Gonzalez Gomez, Viviana) |
| Case assigned to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana) |
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