Albino v. Berns et al
| Connecticut District Court | |
| Judge: | Victor A Bolden |
| Case #: | 3:25-cv-00496 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Mar 25, 2025 |
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| Docket last updated: 78 minutes ago |
| Saturday, March 29, 2025 | ||
| 9 | 9
order
Order re: Insufficiency
Mon 03/31 9:07 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 $405 filing fee. A federal law, 28 U.S.C. § 1915, permits him to do so if, among other things, he submits a financial affidavit showing that he is unable to pay, accompanied by a certified copy of his inmate trust account statement for the six-month period preceding his complaint. To assist inmates in demonstrating inability to pay, the District of Connecticut has prepared a standard-form in forma pauperis application. In this case, Mr. Albino filed an obsolete version of the application form, in which he claimed not to have received any money in the past twelve months, and further claimed to have no money in any account nor any property. His trust account statement proves that these claims were untrue, however, because it shows that he received over $1000 in deposits from outside sources, and that he had a non-zero account balance at the time he filed. Although untrue statements in an application can be a sufficient basis for denying an in forma pauperis motion and dismissing a case, see Wood v. New Haven DOC , No. 3:24-cv-1394 (JAM) (TOF), 2024 WL 4825792 (D. Conn. Nov. 18, 2024), the Court will give Mr. Albino another chance to prove that he is entitled to pauper status. The Clerk of the Court is respectfully directed to mail the plaintiff a copy of the current version of the application form. Mr. Albino is directed to fill out the form completely, truthfully, and accurately, and to file it with the Clerk of the Court by April 18, 2025. Mr. Albino must fill out the version of the form that the Clerk sends him , and not some other version. The new version of the form prompts the applicant to explain how he spent the money he received from outside sources. Expenses are important to the analysis of whether an in forma pauperis applicant is "unable to pay." See Rosa v. Doe , 86 F.4th 1001 (2d Cir. 2023). Without knowing how Mr. Albino spent the $1000+ in deposits, the Court will be unable to determine whether he is entitled to pauper status. If Mr. Albino does not either return the correct form or pay the filing fee by April 18, 2025, his case may be dismissed. Signed by Judge Thomas O. Farrish on 3/29/25.(Pesta, J.) |
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| Tuesday, March 25, 2025 | ||
| 8 | 8
misc
Notice of Option to Consent to MJ Jurisdiction (intake)
Thu 03/27 2:44 PM
Notice of Option to Consent to Magistrate Judge Jurisdiction. (Freberg, B) |
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| 7 | 7
order
Prisoner E-Filing Order (Intake)
Thu 03/27 2:44 PM
Prisoner E-Filing Standing Order on Prisoner Electronic Filing Program Signed by Chief Judge on 6/22/2016.(Freberg, B) |
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| 6 | 6
order
Standing Protective Order (Intake)
Thu 03/27 2:39 PM
Standing Protective Order Signed by Judge Victor A. Bolden on 3/25/2025.(Freberg, B) |
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| 5 | 5
order
Electronic Filing Order
Thu 03/27 2:37 PM
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 3/25/2025.(Freberg, B) |
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| 4 | 4
notice
Notice re: Disclosure Statement
Thu 03/27 1:35 PM
Notice: Pursuant to Federal Rule of Civil Procedure 7.1(b), a disclosure statement required under Rule 7.1(a) 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 3/25/2025.(Chartier, A.) |
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| 3 | 3
misc
Prisoner Trust Fund Account Statement
Thu 03/27 1:34 PM
Prisoner Trust Fund Account Statement by Jonathon Albino. (Chartier, A.) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Thu 03/27 1:33 PM
MOTION for Leave to Proceed in forma pauperis by Jonathon Albino. (Chartier, A.) |
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| 1 | 1
cmp
Complaint
Thu 03/27 1:33 PM
COMPLAINT against Berns, Heather, A. Hill, Jantuah, Kelly, Reddy, filed by Jonathon Albino.(Chartier, A.) |
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utility
NEW Case Assignment
Thu 03/27 1:54 PM
CASE ASSIGNMENT: District Judge Victor A. Bolden assigned to the case. If the District Judge issues an Order of Referral to a Magistrate Judge for any matter other than settlement, the matter will be referred to Magistrate Judge S. Dave Vatti. (Freberg, B) |
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