Fantel, Jr. v. Town of South Kingstown et al
| Clifford John Fantel, Jr. |
| Town of South Kingstown, South Kingstown Police Department, Washington County Courthouse, Gateway Healthcare, State of Rhode Island, Clifford Fantel Sr., Donna Fantel, Jeremy Handley and Lifespan |
| 1:2024cv00081 |
| February 26, 2024 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| William E Smith |
| Patricia A Sullivan |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 4, 2024. A more recent docket listing may be available from PACER.
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Filing 8
JUDGMENT is entered dismissing this civil action with prejudice. So Ordered by District Judge William E. Smith on 4/4/2024. (Urizandi, Nissheneyra)
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TEXT ORDER adopting in full and without objection Magistrate Judge Sullivan's #7 Report and Recommendation ("R&R"). Judge Sullivan recommends dismissal of Plaintiff's [1, 1-1, 6] Complaint with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) because the Complaint fails to state a claim and is a frivolous "second bite at the apple." R&R 4. Accordingly, Plaintiff's [1, 1-1, 6] Complaint is DISMISSED with prejudice and Plaintiff's #3 Application to Proceed in District Court Without Prepaying Fees or Costs is DENIED as MOOT. So Ordered by District Judge William E. Smith on 4/4/2024. (Urizandi, Nissheneyra)
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Filing 7
REPORT AND RECOMMENDATIONS re #1 Complaint filed by Clifford John Fantel, Jr., #3 MOTION for Leave to Proceed in forma pauperis filed by Clifford John Fantel, Jr. Objections to R&R due by 3/22/2024. I recommend that Plaintiff's Complaint (comprised of ECF Nos. 1, 1-1, 6) be summarily DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) because it fails to state a claim, as well as because, as Plaintiff's second bite at the apple, it is frivolous. Gonzalez, 2023 WL 2809192, at *3. I further recommend that Plaintiff's IFP application (ECF No. 3) be denied as moot So Ordered by Magistrate Judge Patricia A. Sullivan on 3/8/2024. (Saucier, Martha)
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| Filing 6 Addendum re #1 Complaint. (Attachments: #1 Email)(Hill, Cherelle) |
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Filing 5
ORDER OF RECUSAL entered. Magistrate Judge Lincoln D. Almond recused. Case reassigned to Magistrate Judge Patricia A. Sullivan for all further referrals. So Ordered by Magistrate Judge Lincoln D. Almond on 2/27/2024. (Noel, Jeannine)
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TEXT ORDER denying Plaintiff's #2 Motion for Temporary Restraining Order. Plaintiff's claims center on state court proceedings. See Supp. Compl. 1-3, ECF No. 1-1. This Court must abstain from hearing this challenge. Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005); Middlesex Cnty. Ethics Comm. v. Garden State Bar Ass'n, 457 U.S. 423, 431-32 (1982). Accordingly, Plaintiff has failed to demonstrate a likelihood of success on the merits. Arborjet, Inc. v. Rainbow Treecare Sci. Advancements, Inc., 794 F.3d 168, 171 (1st Cir. 2015). So Ordered by District Judge William E. Smith on 2/27/2024. (Simoncelli, Michael)
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| MOTIONS REFERRED: #3 MOTION for Leave to Proceed in forma pauperis referred for determination to Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael) |
| Filing 4 CASE OPENING NOTICE ISSUED (Gonzalez Gomez, Viviana) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Clifford John Fantel, Jr.. (Attachments: #1 Email)(Gonzalez Gomez, Viviana) |
| Filing 2 MOTION for Temporary Restraining Order filed by Clifford John Fantel, Jr.. (Attachments: #1 Email)(Gonzalez Gomez, Viviana) |
| Filing 1 COMPLAINT, filed by Clifford John Fantel, Jr. (Attachments: #1 Supplement to Complaint, #2 Civil Cover Sheet, #3 Email 1, #4 Email 2) (Gonzalez Gomez, Viviana) |
| CASE CONDITIONALLY ASSIGNED to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. Related Case Number 1:24-cv-52-JJM-PAS based upon the indication on the cover sheet that a related case previously was assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (Gonzalez Gomez, Viviana) |
| CASE RANDOMLY ASSIGNED Since Judge Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan has determined that this case is not related to CA24-52JJM; Case randomly assigned to District Judge William E. Smith and Magistrate Judge Lincoln D. Almond for all further proceedings (Jackson, Ryan) |
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