Andrews v. Vatti
| Connecticut District Court | |
| Judge: | Michael P Shea |
| Case #: | 3:22-cv-00335 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Federal Question: Bivens Act |
| Case Filed: | Mar 02, 2022 |
| Terminated: | Mar 28, 2022 |
| Last checked: Monday Aug 29, 2022 4:29 AM EDT |
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Defendant
S. Dave Vatti
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Plaintiff
Jeffrey Andrews
210 Northford Rd.
Wallingford, CT 06492 |
| Docket last updated: 05/03/2024 11:59 PM EDT |
| Monday, September 19, 2022 | ||
| 15 | 15
appeal
USCA Mandate
Mon 09/19 11:20 AM
MANDATE of USCA dated 9/19/2022; Dismissing13 Notice of Appeal filed by Jeffrey Andrews (Peterson, M) |
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| Tuesday, July 26, 2022 | ||
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appeal
USCA Appeal Fees
Thu 07/28 9:35 AM
USCA Appeal Fees received from Jeffrey Andrews: $ 505 receipt number NHV25357 re13 Notice of Appeal filed by Jeffrey Andrews (Carr, Dave) |
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| Wednesday, June 15, 2022 | ||
| 14 | 14
appeal
Clerk's Certificate re: Notice of Appeal
Wed 06/15 4:14 PM
CLERK'S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re:13 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. Dinah Milton Kinney, Clerk. Documents manually filed not included in this transmission: none (Rynne, Michelle) |
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| Monday, June 06, 2022 | ||
| 13 | 13
appeal
Notice of Appeal
Wed 06/15 4:12 PM
NOTICE OF APPEAL as to 9 Order by Jeffrey Andrews. (Rynne, Michelle) |
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| Friday, April 08, 2022 | ||
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order
Order on Motion for Reconsideration
Fri 04/08 2:53 PM
ORDER. The plaintiff's11 motion for reconsideration of the Court's order dismissing this case is hereby DENIED. "The standard for granting [a motion for reconsideration] is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked--matters, in other words, that might reasonably be expected to alter the conclusion reached by the court." Shrader v. CSX Transp., Inc. , 70 F.3d 255, 257 (2d Cir. 1995) (citations omitted); see also D. Conn. L. Civ. R. 7(c)1 (stating that motions for reconsideration "will generally be denied unless the movant can point to controlling decisions or data that the court overlooked in the initial decision or order"). The plaintiff has identified no such decisions or data. In fact, the plaintiff acknowledges in his motion that "[b]oth Judge Janet C. Hall and Judge S. Dave Vatti were in fact acting in official capacity, within the judicial system and within their jurisdiction" and states that Judges Hall and Vatti "while performing their judicial duties, in official capacities, violated Plaintiff's enumerated and unenumerated United States Constitutional Rights...". ECF No. 11 at 1, 2. As the Court has already explained, judges have immunity from suits for damages for their judicial actions where the challenged actions were judicial in nature and not taken in the absence of jurisdiction. ECF No. 7. The plaintiff's arguments regarding qualified immunity and the merits of his claims are irrelevant to the question of whether judicial immunity bars this suit. Judicial immunity is different -- and generally broader -- than qualified immunity, and Plaintiff's motion for reconsideration only confirms that it applies here; as for the merits, if the plaintiff disagrees with Judge Hall's or Judge Vatti's rulings, his remedy is to file an appeal from those rulings. Signed by Judge Michael P. Shea on 4/8/2022. (Silva, Madeline) |
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| Wednesday, April 06, 2022 | ||
| 11 | 11
motion
Reconsideration
Thu 04/07 10:53 AM
MOTION for Reconsideration re 9 Order, by Jeffrey Andrews. (Imbriani, Susan) |
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| Monday, March 28, 2022 | ||
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order
Order
Mon 03/28 6:22 PM
ORDER. The Court has reviewed the plaintiff's response to the Court's order to show cause (ECF No. 8). The plaintiff's response does not argue that that the actions of Judge Vatti's to which he objects were not "judicial in nature," nor that Judge Vatti lacked jurisdiction to issue any of the decisions described. Rather, it argues the merits of the plaintiff's case before Judge Hall. The plaintiff has, therefore, failed to show cause why judicial immunity does not apply in this suit. Accordingly, this case is hereby DISMISSED with prejudice. Signed by Judge Michael P. Shea on 3/28/2022. (Silva, Madeline) |
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order
Order
Mon 03/28 6:26 PM
NOTICE TO PLAINTIFF RE: POSSIBLE ANTI-FILING INJUNCTION. The plaintiff has now filed 7 cases objecting to orders issued by Judge Hall and Judge Vatti in USA v. Andrews et al, 3:20-cv-01300. After offering the plaintiff the opportunity to explain why judicial immunity did not bar each of those suits, this Court has dismissed each of them on judicial immunity grounds. The Court cautions the plaintiff that repeated filing of cases that lack any arguable legal merit, or fail to state a legitimate claim for relief under federal law, may result in the imposition of sanctions. Specifically, the Court may enter an injunction prohibiting the filing of further cases without advance approval of the Court. Signed by Judge Michael P. Shea on 3/28/2022. (Silva, Madeline) |
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| Friday, March 18, 2022 | ||
| 8 | 8
misc
Response to Order to Show Cause
Fri 03/18 12:20 PM
RESPONSE TO 7 Order to Show Cause by Jeffrey Andrews filed by Jeffrey Andrews. (Carr, Dave) |
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| Monday, March 14, 2022 | ||
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order
Order
Mon 03/14 7:00 PM
ORDER TO SHOW CAUSE. Judicial immunity appears to apply this this action. The complaint alleges that Judge Vatti violated the plaintiff's constitutional rights by "support[ing] a preliminary injunction on Plaintiff's 15 acres of Private Farm Property, ordered by Judge Janet C. Hall." ECF No. 1 at 4. "It is well settled that judges generally have absolute immunity from suits for money damages for their judicial actions." Bliven v. Hunt , 579 F.3d 204, 209 (2d Cir. 2009). Such immunity applies if the challenged action "is judicial in nature" and was "not taken in the complete absence of jurisdiction." Huminski v. Corsones , 36 F.3d 53, 75 (2d. Cir. 2005). While it is unclear from the complaint what precise action Judge Vatti took that allegedly violated the plaintiff's rights, the issuance of a preliminary injunction is "judicial in nature," and there is no indication that the preliminary injunction reference was issued without jurisdiction. Accordingly, it appears this action should be dismissed. See Fitzgerald v. E. Seventh St. Tenants Corp. , 221 F.3d 362, 364 (2d Cir. 2000) (holding that "district courts may dismiss a frivolous complaint sua sponte even when the plaintiff has paid the required filing fee"). In addition, the claim asserted in this case appears identical to that alleged in the plaintiff's earlier-filed case at Docket Number 3:22-cv-00332-MPS. The plaintiff is directed to show cause, via a notice filed to the docket no later than March 21, 2022, why the Court should not dismiss this case as frivolous because the defendant is immune from suit and because the claim asserted has already been raised in an earlier-filed lawsuit by this plaintiff against the same defendant. If no such notice is filed, the Court will dismiss this case with prejudice. Signed by Judge Michael P. Shea on 3/14/2022. (Silva, Madeline) |
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utility
Set Deadlines/Hearings
Tue 03/15 9:34 AM
Set Deadlines: Show Cause Response due by 3/21/2022 (Johnson, D.) |
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| Thursday, March 03, 2022 | ||
| 6 | 6
order
Electronic Service Documents
Thu 03/03 1:55 PM
NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of5 Electronic Filing Order,4 Protective Order,1 Complaint filed by Jeffrey Andrews,2 Consent to Electronic Notice filed by Jeffrey Andrews,3 Order on Pretrial Deadlines Signed by Clerk on 3/3/2022.(Imbriani, Susan) |
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| Wednesday, March 02, 2022 | ||
| 5 | 5
order
Electronic Filing Order
Thu 03/03 1:53 PM
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 3/2/2022.(Imbriani, Susan) |
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| 4 | 4
order
Protective Order
Thu 03/03 1:53 PM
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 3/2/2022.(Imbriani, Susan) |
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| 3 | 3
1
pgs
order
Order on Pretrial Deadlines
Thu 03/03 1:52 PM
Order on Pretrial Deadlines: Amended Pleadings due by 5/1/2022, Discovery due by 9/1/2022, Dispositive Motions due by 10/6/2022. Signed by Clerk on 3/2/2022.(Imbriani, Susan) |
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| 2 | 2
notice
Consent to Electronic Notice
Thu 03/03 1:50 PM
Consent to Electronic Notice by Jeffrey Andrews (Imbriani, Susan) |
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| 1 | 1
cmp
Complaint
Thu 03/03 1:49 PM
COMPLAINT against S. Dave Vatti, filed by Jeffrey Andrews.(Imbriani, Susan) |
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misc
Filing Fee Received
Thu 03/03 1:51 PM
Filing fee received from Jeff Andrews: $ 402, receipt number 783581 (Imbriani, Susan) |
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