Smith v. Osborn Correctional Institute
| Connecticut District Court | |
| Judge: | Kari A Dooley |
| Referred: | Thomas O Farrish |
| Case #: | 3:24-cv-00563 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Apr 01, 2024 |
Create an account to get the full party report for this case.
| Docket last updated: 04/25/2025 11:59 PM EDT |
| Monday, April 29, 2024 | ||
| 13 | 13
order
Initial Review Order - Prisoner
Mon 04/29 3:59 PM
INITIAL REVIEW ORDER. The Court has conducted an Initial Review of Plaintiff's Complaint in which he alleges that he was not provided proper medical treatment for his stomach problems, digestive issues, and pain while confined at Osborn Correctional Institution from 2013 through 2019. The Complaint is deficient for two reasons. First, the only defendant is Osborn Correctional Institution. To state a claim under 42 U.S.C. § 1983, Plaintiff must identify a person acting under color of state law who violated his constitutional rights. See 42 U.S.C. § 1983. A correctional facility, however, is not a person subject to suit under section 1983. See Culbreth v. Manuel #500 , No. 24-cv-0497 (PMH), 2024 WL 474597, at *1 (S.D.N.Y. Feb. 7, 2024) (cannot assert section 1983 claims against correctional facility); Santos v. Connecticut Dep't of Corr. , No. 3:04-cv-1562 (JCH)(HBF), 2005 WL 2123543, at *3 (D. Conn. Aug. 29, 2005) ("[n]either a Department of Correction nor a correctional institution is a 'person'" subject to liability under section 1983). Second, even if Plaintiff were to name a proper defendant, his claims are time-barred. The limitations period for filing a section 1983 action is three years. See Thompson v. Rovella , 734 F. Appx. 787, 788-89 (2d Cir. 2018) (statute of limitations for filing a section 1983 action in federal court in Connecticut is three years). Plaintiff signed, and presumably gave his Complaint to prison officials to be filed, on March 26, 2024. Thus, his claims must have arisen before March 26, 2021. Plaintiff alleges, however, that he seeks damages for the denial of medical care from 2013 though 2019. Thus, his Complaint is untimely filed. The case is dismissed. The Clerk of the Court is directed to close this case. SO ORDERED. Signed by Judge Kari A. Dooley on 4/29/2024. (Chambers, J.) |
|
| Wednesday, April 24, 2024 | ||
| 12 | 12
order
Order on Motion for Leave to Proceed In Forma Pauperis
Wed 04/24 8:48 AM
ORDER granting10 Motion for Leave to Proceed in forma pauperis; denying as moot2 Motion for Leave to Proceed in forma pauperis. If you change your address at any time during the litigation of this case, Local Rule 83.1(c)2 provides that you notify the court. Signed by Judge Thomas O. Farrish on 4/24/2024. (Corriette, M.) |
|
| Friday, April 19, 2024 | ||
| 11 | 11
misc
Prisoner Trust Fund Account Statement
Mon 04/22 11:13 AM
Prisoner Trust Fund Account Statement by Tyrone J Smith. (Fanelle, N.) |
|
| 10 | 10
motion
Proceed In Forma Pauperis
Mon 04/22 11:12 AM
MOTION for Leave to Proceed in forma pauperis by Tyrone J Smith. (Fanelle, N.) |
|
|
Att: 1
Envelope
|
||
| Thursday, April 04, 2024 | ||
|
order
Order re: Insufficiency
Thu 04/04 9:11 AM
NOTICE OF INSUFFICIENCY. The plaintiff has filed a motion for leave to proceed in forma pauperis ; in other words, he seeks to commence a federal lawsuit without pre-paying the filing fee. A federal law, 28 U.S.C. § 1915, permits him to do so if, among other things, he files a certified copy of his inmate trust account statement for the six-month period preceding his complaint. In this case, the plaintiff did not file a complete trust account statement. The plaintiff is therefore directed to file with the Clerk of the Court an account certification signed by a corrections official and a certified copy of his inmate trust account statement covering at least the period from October 1, 2023, to April 1, 2024. If he does not do so by April 24, 2024, his case may be dismissed. Signed by Judge Thomas O. Farrish on 4/4/2024.(Corriette, M.) |
||
| Monday, April 01, 2024 | ||
| 8 | 8
misc
Notice of Option to Consent to MJ Jurisdiction (intake)
Wed 04/03 8:56 AM
Notice of Option to Consent to Magistrate Judge Jurisdiction. (Fanelle, N.) |
|
| 7 | 7
order
Electronic Filing Order
Wed 04/03 8:56 AM
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 4/1/2024. (Fanelle, N.) |
|
| 6 | 6
order
Prisoner E-Filing Order (Intake)
Wed 04/03 8:54 AM
Prisoner E-Filing Standing Order on Prisoner Electronic Filing Program. Signed by Chief Judge on 6/22/2016. (Fanelle, N.) |
|
| 5 | 5
order
Standing Protective Order (Intake)
Wed 04/03 8:52 AM
Standing Protective Order Signed by Judge Kari A. Dooley on 4/1/2024. (Fanelle, N.) |
|
| 4 | 4
misc
Prisoner Trust Fund Account Statement
Tue 04/02 3:35 PM
Prisoner Trust Fund Account Statement by Tyrone J Smith. (Gaskins, A) |
|
| 2 | 2
motion
Proceed In Forma Pauperis
Tue 04/02 3:09 PM
ENTERED IN ERRROR: MOTION for Leave to Proceed in forma pauperis by Tyrone J Smith.(Gaskins, A) (Gaskins, A). Modified on 4/2/2024 (Gaskins, A) |
|
|
Att: 1
Supplement attachment
|
||
|
Att: 2
(4/2/2024) replacement pdf
|
||
| 1 | 1
cmp
Complaint
Tue 04/02 3:07 PM
COMPLAINT against Osborn Correctional Institute, filed by Tyrone J Smith.(Gaskins, A) |
|
|
Att: 1
Envelope
|
||
|
notice
Notice re: Disclosure Statement
Tue 04/02 3:16 PM
Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 4/1/2024.(Gaskins, A) |
||
|
utility
Add and Terminate Judges
Tue 04/02 3:31 PM
Judge Kari A. Dooley and Judge Thomas O. Farrish added. (Shafer, J.) |
||