Faison v. Quiros
| Connecticut District Court | |
| Judge: | Sarala V Nagala |
| Referred: | S Dave Vatti |
| Case #: | 3:24-cv-00741 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Apr 22, 2024 |
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| Docket last updated: 05/13/2024 11:59 PM EDT |
| Monday, May 13, 2024 | ||
| 13 | 13
order
Order
Mon 05/13 7:13 PM
ORDER. In his letter to the Court at ECF No. 11, Plaintiff seeks copies of all documents previously sent in this matter due to an alleged search and the destruction of his legal materials by cell staff. Pro se prisoner plaintiffs, proceeding in forma pauperis or otherwise, are not entitled to free copies of court documents. See United States v. Navarro , No. 19-CR-188-A, 2017 WL 343466, at *1 (W.D.N.Y. Jan. 24, 2017) (citing 28 U.S.C. § 1915(a)(1), (c)). If Plaintiff seeks copies of his filings and the Court's orders in this case, he may submit a request to the Clerk accompanied by the required copy fee of $.50 per page. Signed by Judge Sarala V. Nagala on 5/13/2024.(Piccolo, M) |
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| 12 | 12
order
Initial Review Order - Prisoner
Mon 05/13 7:12 PM
INITIAL REVIEW ORDER. The Court has conducted an Initial Review of Plaintiff's Complaint pursuant to 28 U.S.C. § 1915A. Plaintiff is incarcerated at Osborn Correctional Facility and claims that he has contracted several physical ailments due to unspecified conditions of confinement. ECF No. 1 at 5-6. He alleges that some conditions are due to unsafe water at the facility. Id. at 6. For the following reasons, the Court dismisses the complaint for failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B). First, Plaintiff names ten defendants, but he does not allege facts demonstrating claims against any of them. To state a cognizable section 1983 claim, Plaintiff must allege facts showing the personal involvement of each defendant. See Farrell v. Burke , 449 F.3d 470, 484 (2d Cir. 2006). Plaintiff does not allege that any of medical staff defendants treated him or were aware of any of his illnesses or conditions. In addition, at least two of the purported defendants, Commissioner Quiros and Medical Supervisor Furey, are supervisory officials. The Second Circuit has held that "there is no special rule for supervisory liability" and "a plaintiff must plead and prove that each Government-official defendant, through the official's own individual actions, has violated the Constitution." Tangreti v. Bachmann , 983 F.3d 609, 618 (2d Cir. 2020) (internal quotation marks and citation omitted). "A supervisor's 'mere knowledge'... is not sufficient because that knowledge does not 'amount[] to the supervisor's violating the Constitution.'" Id. at 616-17 (quoting Ashcroft v. Iqbal , 556 U.S. 662, 677 (2009)). Further, Federal Rule of Civil Procedure 20 permits joinder of multiple defendants in one action only if "any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P 20(a)(2). What constitutes the same transaction or occurrence is determined on a case-by-case basis. Dixon v. Scott Fetzer Co. , 317 F.R.D. 329, 331 (D. Conn. 2016). "[T]he essential facts of the various claims [must be] so logically connected that considerations of judicial economy and fairness dictate that all the issues [must] be resolved in one lawsuit." Harris v. Steinem , 571 F.2d 119, 123 (2d Cir. 1978). Plaintiff merely presents a list of illnesses or medical issues: Legionnaire's disease, COPD, diabetes, COVID, urinary/bladder issues, and skin conditions. He does not indicate when he contracted these conditions, who treated him for each condition, or when that treatment was provided, such that the Court can conclude the claims are properly joined in one action. On the merits, Plaintiff does not allege sufficient facts for the Court to determine whether Plaintiff has an objectively serious medical need, or that any Defendant acted with the requisite subjective intent under the Eighth Amendment. The Complaint is dismissed without prejudice for failure to allege facts to support a plausible claim for relief. Plaintiff may file an Amended Complaint to correct these deficiencies. He is cautioned that any Amended Complaint must allege facts showing the personal involvement of each defendant in his claims, and include only claims that arise from the same occurrence. Any Amended Complaint must be filed by June 12, 2024 . Signed by Judge Sarala V. Nagala on 5/13/2024.(Piccolo, M) |
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| Wednesday, May 08, 2024 | ||
| 11 | 11
misc
Letter
Fri 05/10 1:41 PM
Letter, from Howard Faison. (Mendez, D) |
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Att: 1
Envelope
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| Thursday, April 25, 2024 | ||
| 10 | 10
order
Order on Motion for Leave to Proceed In Forma Pauperis
Thu 04/25 8:39 AM
ORDER granting2 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 4/25/2024. (Corriette, M.) |
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| Monday, April 22, 2024 | ||
| 9 | 9
misc
Notice of Option to Consent to MJ Jurisdiction (intake)
Wed 04/24 3:54 PM
Notice of Option to Consent to Magistrate Judge Jurisdiction. (Mendez, D) |
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| 8 | 8
order
Electronic Filing Order
Wed 04/24 3:53 PM
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Sarala V. Nagala on 4/22/2024. (Mendez, D) |
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| 7 | 7
order
Prisoner E-Filing Order (Intake)
Wed 04/24 3:52 PM
Prisoner E-Filing Standing Order on Prisoner Electronic Filing Program. Signed by Chief Judge on 6/22/2016. (Mendez, D) |
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| 6 | 6
order
Standing Protective Order (Intake)
Wed 04/24 3:50 PM
Standing Protective Order. Signed by Judge Sarala V. Nagala on 4/22/2024. (Mendez, D) |
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| 5 | 5
notice
Notice re: Disclosure Statement
Tue 04/23 11:38 AM
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 4/22/2024. (Oliver, T.) |
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| 4 | 4
misc
Prisoner Trust Fund Account Statement
Tue 04/23 11:37 AM
Prisoner Trust Fund Account Statement by Howard Faison. (Oliver, T.) |
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| 3 | 3
misc
Prisoner Authorization Form
Tue 04/23 11:37 AM
Prisoner Authorization Form by Howard Faison. (Oliver, T.) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Tue 04/23 11:36 AM
MOTION for Leave to Proceed in forma pauperis by Howard Faison. (Oliver, T.) |
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| 1 | 1
cmp
Complaint
Tue 04/23 11:35 AM
COMPLAINT against Angel Quiros, filed by Howard Faison. (Oliver, T.) |
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utility
Add and Terminate Judges
Tue 04/23 11:43 AM
Judge Sarala V. Nagala and Judge S. Dave Vatti added. (Oliver, T.) |
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