Sepulveda v. Cullinan et al
| Rudy Sepulveda |
| C.O. Cullinan, C.O. Moson, Lt. Gasper, Jean Embrey and Rhode Island Office of Inspection |
| 1:2025cv00215 |
| May 16, 2025 |
| U.S. District Court for the District of Rhode Island |
| Melissa R DuBose |
| Amy E Moses |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 29, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 15 ANSWER to #1 Complaint, by Cullinan, Jean Embrey, Gasper, Moson, Rhode Island Office of Inspection.(Anastacio, Jasmin) |
| Filing 14 Second MOTION for an Extension of Time to File Response/Reply as to #1 Complaint, filed by Cullinan, Jean Embrey, Gasper, Moson, Rhode Island Office of Inspection. Responses due by 10/14/2025. (Anastacio, Jasmin) |
TEXT ORDER: re Conditional Order Appointing Pro Bono Counsel of Jennifer Louise Wood, Michael J. Lepizzera, Lauren Victoria Iannelli. The Declination deadline of Pro Bono Appointment is hereby extended. Declination of Pro Bono Appointment is due 10/03/2025. So Ordered by District Judge Melissa R. DuBose on 9/17/2025. (Kenny, Meghan)
|
| PLRA Filing fee: $ 106.20 received - receipt number 100002920. Total Amount Paid to date: $146.26. (Hill, Cherelle) |
|
TEXT ORDER granting #12 Motion for Extension of Time. Reset Deadlines: Cullinan answer due 9/29/2025; Jean Embrey answer due 9/29/2025; Gasper answer due 9/29/2025; Moson answer due 9/29/2025; Rhode Island Office of Inspection answer due 9/29/2025. So Ordered by District Judge Melissa R. DuBose on 9/11/2025. (Urizandi, Nissheneyra)
|
|
TEXT ORDER: re Conditional Order Appointing Pro Bono Counsel of Jennifer Louise Wood, Michael J. Lepizzera, Lauren Victoria Iannelli. The Declination deadline of Pro Bono Appointment is hereby extended. Declination of Pro Bono Appointment is due 09/17/2025.So Ordered by District Judge Melissa R. DuBose on 9/4/2025. (Kenny, Meghan)
|
| Case reassigned to Magistrate Judge Amy E. Moses. Magistrate Judge Patricia A. Sullivan no longer assigned to the case. (Kenny, Meghan) |
| Filing 12 MOTION for an Extension of Time to File Response/Reply as to #1 Complaint, filed by Cullinan, Jean Embrey, Gasper, Moson, Rhode Island Office of Inspection. Responses due by 9/10/2025. (Anastacio, Jasmin) |
|
CONDITIONAL ORDER APPOINTING PRO BONO COUNSEL: Jennifer Louise Wood, Michael J. Lepizzera, Lauren Victoria Iannelli conditionally appointed as pro bono counsel Declination of Pro Bono Appointment due 8/31/2025. So Ordered by District Judge Melissa R. DuBose on 8/14/2025. (Kenny, Meghan)
|
|
TEXT ORDER: Before the Court are several cases, including this case, raising a common legal issue involving the use of O.C. spray (also known as pepper spray) at the ACI. Although there is no right to counsel in a civil action, the Court has determined that several factors weigh in favor of exercising its discretion to appoint counsel in this case. See Desrosiers v. Moran , 949 F.2d 15, 23 (1st Cir. 1991). The factors considered by the Court include whether the issue raised has implications that extend beyond the Plaintiffs situation, whether there are issues of law as well as issues of fact to resolve, whether significant discovery may be required, and whether there is a possibility that expert testimony will be needed. Cf. id. In this case, these factors present a situation in which appointment of counsel will benefit the Court as well as the Plaintiff. Appointment of counsel is subject to the Courts ability to find volunteer counsel who will provide representation pro bono, without cost to the Plaintiff, in accordance with the Courts Pro Bono Panel guidelines. The Court appoints the following attorneys in this case: Michael Lepizzera, Jennifer Wood, and Lauren Iannelli. The appointment is conditional, requiring the attorney(s) to meet with the Plaintiff on or before August 31, 2025, to determine whether the appointment will be accepted or declined, and to file an acceptance or declination of appointment by that date. If the appointment is declined, no reason shall be included in the filing.So Ordered by District Judge Melissa R. DuBose on 8/14/2025. (Kenny, Meghan)
|
| Case reassigned to District Judge Melissa R. DuBose. District Judge Mary S. McElroy no longer assigned to the case. (Kenny, Meghan) |
| Filing 11 NOTICE of Appearance by Shannon L. Haibon on behalf of Cullinan, Jean Embrey, Gasper, Moson, Rhode Island Office of Inspection (Haibon, Shannon) |
| PLRA Filing fee: $ 40.06 received - receipt number 100002749. Total Amount Paid to date: $40.06. (Hill, Cherelle) |
| Filing 10 NOTICE of Appearance by Jasmin Anastacio on behalf of All Defendants (Anastacio, Jasmin) |
| Filing 9 Notice of Acceptance of Service filed by Rhode Island Office of Inspection. Rhode Island Office of Inspection served on 6/30/2025, answer due 8/29/2025. (Shaw, Matthew) |
| Filing 8 Notice of Acceptance of Service filed by Gasper. Gasper served on 6/30/2025, answer due 8/29/2025. (Shaw, Matthew) |
| Filing 7 Notice of Acceptance of Service filed by Moson. Moson served on 6/30/2025, answer due 8/29/2025. (Shaw, Matthew) |
| Filing 6 Notice of Acceptance of Service filed by Jean Embrey. Jean Embrey served on 6/30/2025, answer due 8/29/2025. (Shaw, Matthew) |
| Filing 5 Notice of Acceptance of Service filed by Cullinan. Cullinan served on 6/30/2025, answer due 8/29/2025. (Shaw, Matthew) |
| 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 6/30/2025. (Potter, Carrie) |
|
TEXT ORDER. The Plaintiff's Motion for Leave to Proceed in forma pauperis (ECF No. #2 ) is GRANTED. The Plaintiff, however, is still required to pay the statutory filing fee of $350.00. 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 $208.33 during the relevant period. During the same period, his average monthly balance was $134.16. Therefore, Plaintiff is required to pay $40.06 as a first installment of the filing fee. The Adult Correctional Institutions 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. In accordance with the agreement entered into between the United States District Court and the Rhode Island Attorney General, the latter will accept electronic service of the Complaint.. So Ordered by District Judge Mary S. McElroy on 5/29/2025. (Potter, Carrie)
|
| Filing 3 Prisoner Trust Fund Account Statement by Rudy Sepulveda. (Attachments: #1 Duplicate of Pages 3-4, #2 Envelope) (Gonzalez Gomez, Viviana) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Rudy Sepulveda. (Attachments: #1 Envelope)(Gonzalez Gomez, Viviana) |
| Filing 1 COMPLAINT, filed by Rudy Sepulveda. (Attachments: #1 Addendum to Complaint, #2 Summons Request as to C.O. Cullinan, #3 Summons Request as to C.O. Moson, #4 Summons Request as to Lt. Gaspar, #5 Summons Request as to Jean Embrey, #6 Summons Request as to RI Office of Inspection, #7 Envelope) (Gonzalez Gomez, Viviana) |
| Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana) |
| Four DUPLICATES received of: #1 Complaint with Attachment 1, #2 Motion for Leave to Proceed in forma pauperis. (Gonzalez Gomez, Viviana) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Rhode Island District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
