Fauquet v. Children and Families et al

Connecticut District Court
Judge:Alfred V Covello
Referred: Thomas O Farrish
Case #: 3:20-cv-00335
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Mar 12, 2020
Terminated:Oct 05, 2020
Last checked: Tuesday Sep 08, 2020 5:35 AM EDT
Defendant
Peter Cantiana
Defendant
Department of Children and Families
Defendant
John Driscoll
Defendant
Priscella Hammond
Defendant
Ryan Ziowaski
Plaintiff
Kirsten Fauquet
Church 2350 Gold Star Highway
Mystic, CT 06355


Docket last updated: 04/26/2024 11:59 PM EDT
Tuesday, January 18, 2022
22 22 appeal USCA Mandate Fri 01/21 4:40 PM
MANDATE of USCA dated 1/18/2022 Dismissing17 Notice of Appeal filed by Kirsten Fauquet (Payton, R.)
Related: [-]
Monday, July 26, 2021
21 21 order Order on Motion for Leave to Proceed In Forma Pauperis Mon 07/26 8:48 AM
ORDER denying the plaintiff's18 motion for leave to appeal in forma pauperis based on the grounds set forth in the (doc. 13) court's order. Signed by Judge Alfred V. Covello on 07/26/2021. (Covello, Alfred)
Related: [-]
Thursday, July 22, 2021
20 20 appeal USCA Order Fri 07/23 1:31 PM
NOTICE of USCA re: Pending Motion to Proceed In Forma Pauperis. RE:17 Notice of Appeal filed by Kirsten Fauquet. USCA Case Number 21-1774 (Bozek, M.)
Related: [-]
Monday, July 12, 2021
19 19 appeal Clerk's Certificate re: Notice of Appeal Mon 07/12 8:32 AM
CLERK'S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re:17 Notice of Appeal. The attached docket sheet is hereby certified as the entire Index/Record on Appeal in this matter and electronically sent to the Court of Appeals, with the exception of any manually filed documents as noted below. Robin D. Tabora, Clerk. Documents manually filed not included in this transmission: none. (Bozek, M.)
Related: [-]
Thursday, July 08, 2021
18 18 motion Proceed In Forma Pauperis Fri 07/09 3:22 PM
MOTION for Leave to Proceed In Forma Pauperis by Kirsten Fauquet.(Bozek, M.)
Related: [-]
Att: 1 envelope
17 17 appeal Notice of Appeal Fri 07/09 3:19 PM
NOTICE OF APPEAL by Kirsten Fauquet. (Bozek, M.)
Related: [-]
Thursday, May 06, 2021
16 16 appeal USCA Mandate Fri 05/07 11:32 AM
MANDATE of USCA dated 5/6/2021 Dismissing14 Notice of Appeal filed by Kirsten Fauquet. (Bozek, M.)
Related: [-]
Friday, December 11, 2020
15 15 appeal Clerk's Certificate re: Notice of Appeal Fri 12/11 4:26 PM
CLERK'S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re:14 Notice of Appeal. The attached docket sheet is hereby certified as the entire Index/Record on Appeal in this matter and electronically sent to the Court of Appeals, with the exception of any manually filed documents as noted below. Robin D. Tabora, Clerk. Documents manually filed not included in this transmission: none. (Bozek, M.)
Related: [-]
Wednesday, December 09, 2020
14 14 appeal Notice of Appeal Thu 12/10 4:20 PM
NOTICE OF APPEAL by Kirsten Fauquet.(Bozek, M.)
Related: [-]
Att: 1 envelope
Monday, October 05, 2020
13 13 order Order on Motion for Leave to Proceed In Forma Pauperis Mon 10/05 2:27 PM
ORDER denying the plaintiffs9 motion to appeal in forma pauperis as untimely. The plaintiff filed her motion prior to the court making its de novo determination of the findings in the recommended ruling pursuant to 28 U.S.C. 636(b)(1). Subsequent to her motion, the court adopted the recommended ruling of the magistrate judge. Even if the plaintiff were to now file a timely motion to appeal in forma pauperis, "[t]he Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal." Best v. DiTech Holding Corporation, 407 F. Supp. 3d 210, 212 (E.D.N.Y 2019) (citing Coppedge v. U.S., 369 U.S. 438, 444-445 (1962)); see also Ninying v. Fire Dept., 416 F. Supp. 3d 175, 179 (E.D.N.Y 2017); 28 U.S.C. § 1915(a)(3)(stating that "[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.") "The Second Circuit has instructed the district courts that... an application for leave to appeal in forma pauperis will have sufficient substance to warrant consideration only if, in addition to an adequate showing of indigence and of citizenship, it identifies with reasonable particularity the claimed errors which will be the basis for the appeal. If these requirements are satisfied, and if on consideration the trial judge is conscientiously convinced that there is no substantial question for review and that an appeal will be futile,... or if he is convinced that there is no 'reasonable basis' for the claims of alleged error,... it is the duty of the trial judge, albeit not a pleasant duty, to certify that the appeal is not taken in good faith." Hamage v. Dzurenda, 2015 WL 1540658 at *2 (D. Conn. April 7, 2015) (citing U.S, v. Farley, 238 F.2d 575, 576 (1976)). As noted in the recommended ruling, this is the fourth action brought by the plaintiff in this court alleging a violation of her constitutional rights due to CTDCFs termination of her parental rights, all of which merited dismissal. (See 3:19-cv-00717 (MPS); 3:19-cv-00767 (MPS); and 3:19-cv-01426 (AVC)). As such, the court is convinced that "an appeal will be futile" and that "that there is no 'reasonable basis' for the claims of alleged error." Signed by Judge Alfred V. Covello on 10/5/2020. (Covello, Alfred)
Related: [-]
Friday, October 02, 2020
12 12 order Order on Motion for Leave to Proceed In Forma Pauperis Fri 10/02 9:35 AM
ORDER finding as moot the2 motion for leave to proceed in forma pauperis, in light of the courts order (dkt. no. 11) adopting the6 recommended ruling and dismissing the case. Signed by Judge Alfred V. Covello on 10/2/2020. (Sondergeld, C.)
Related: [-]
11 11 order Order on Recommended Ruling Fri 10/02 9:31 AM
ORDER adopting the6 recommended ruling dismissing the case, over objection. It is so ordered. The clerk is directed to close the case. Signed by Judge Alfred V. Covello on 10/2/2020. (Sondergeld, C.)
Related: [-]
Thursday, September 24, 2020
10 10 appeal Clerk's Certificate re: Notice of Appeal Fri 09/25 8:34 AM
CLERK'S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re:8 Notice of Interlocutory Appeal,. The attached docket sheet is hereby certified as the entire Index/Record on Appeal in this matter and electronically sent to the Court of Appeals, with the exception of any manually filed documents as noted below. Robin D. Tabora, Clerk. Documents manually filed not included in this transmission: none. (Agati, Kathryn)
Related: [-]
9 9 motion Proceed In Forma Pauperis Fri 09/25 8:31 AM
MOTION FOR LEAVE TO PROCEED IN FORMAPAUPERIS/AFFIDAVIT OF INDIGENCY BY PETITIONER/APPELLANT by Kirsten Fauquet. (Agati, Kathryn)
Related: [-]
8 8 appeal Notice of Interlocutory Appeal Fri 09/25 8:28 AM
NOTICE OF INTERLOCUTORY APPEAL as to6 RECOMMENDED RULING Denying2 MOTION for Leave to Proceed in forma pauperis filed by Kirsten Fauquet. (Agati, Kathryn)
Related: [-]
Att: 1 Exhibit RECOMMENDED RULING ON REVIEW UNDER 28 U.S.C. § 1915
Tuesday, June 30, 2020
7 7 motion Miscellaneous Relief Tue 06/30 2:23 PM
MOTION to Objection of Dismissional of Federal Court Case by Kirsten Fauquet. Responses due by 7/21/2020 (Agati, Kathryn)
Related: [-]
Att: 1 Exhibit,
Att: 2 envelope
Friday, June 19, 2020
6 6 motion Recommended Ruling Fri 06/19 5:59 PM
RECOMMENDED RULING recommending that the complaint be dismissed pursuant to 28 U.S.C. 1915(e)(2)(B) and that2 MOTION for Leave to Proceed in forma pauperis be denied as moot. The Clerk of the Court is respectfully directed to send a copy of the attached ruling to the plaintiff at her address of record. Objections due by 7/3/2020. Signed by Judge Thomas O. Farrish on 06/19/2020.(LaRue-Zitzkat, Sage)
Related: [-]
Tuesday, March 17, 2020
5 5 order Order Referring Case to Magistrate Judge Tue 03/17 8:18 AM
Order referring case to Magistrate Judge Thomas O. Farrish for a ruling on2 MOTION for Leave to Proceed In Forma Pauperis. Signed by Judge Alfred V. Covello on 3/17/2020.Motion referred to Thomas O. Farrish(Bozek, M.)
Related: [-]
Thursday, March 12, 2020
4 4 order Electronic Filing Order Fri 03/13 2:32 PM
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Alfred V. Covello on 3/12/2020.(Bozek, M.)
Related: [-]
3 3 1 pgs order Order on Pretrial Deadlines Fri 03/13 2:31 PM
Order on Pretrial Deadlines: Amended Pleadings due by 5/11/2020. Discovery due by 9/11/2020. Dispositive Motions due by 10/16/2020. Signed by Clerk on 3/12/2020.(Bozek, M.)
Related: [-]
2 2 motion Proceed In Forma Pauperis Fri 03/13 2:29 PM
MOTION for Leave to Proceed In Forma Pauperis by Kirsten Fauquet. (Bozek, M.)
Related: [-]
1 1 cmp Complaint Fri 03/13 2:27 PM
COMPLAINT against Peter Cantiana, Department of Children and Families, John Driscoll, Priscella Hammond, Ryan Ziowaski, filed by Kirsten Fauquet.(Bozek, M.)
Related: [-]
Att: 1 envelope