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Case TitleCorrea v. McLeod et al
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2017cv01059
Date Filed2017-06-29
Date Closed2018-06-04
JudgeJudge Vanessa L. Bryant
PlaintiffJose E. Correa
DefendantUnited States Citizenship and Immigration Services
DefendantMcLeod C/o
TERMINATED: 07/17/2017
DefendantUnited States Customs and Border Protection
DefendantLindsay C/o
DefendantUnited States Department of State
DefendantOrtyl
TERMINATED: 07/17/2017
DefendantHeinberg C/o
TERMINATED: 07/17/2017
DefendantWeir C/o
TERMINATED: 07/17/2017
DefendantDaigle C/o
TERMINATED: 07/17/2017
DefendantPinar C/o
TERMINATED: 07/17/2017
DefendantCarrasquillo C/o
TERMINATED: 07/17/2017
DefendantBeulier C/o
TERMINATED: 07/17/2017
DefendantCassidy C/o
TERMINATED: 07/17/2017
DefendantCourneyer Administrator
TERMINATED: 07/17/2017
DefendantMr. Mulligan Deputy Warden
TERMINATED: 07/17/2017
DefendantPerylo Lt.
DefendantOrtyl C/o
TERMINATED: 07/17/2017
DefendantBoudreau C/o
DefendantWright Dr.
TERMINATED: 07/17/2017
DefendantGuidmond Lieutenant
DefendantMcQuaid C/O
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-291PRISCS COMPLAINT against Beulier, Boudreau, Carrasquillo, Cassidy, Courneyer, Daigle, Heinberg, Lindsay, McLeod, Mulligan, Ortyl(C/o), Ortyl, Perylo, Pinar, Weir, Wright, filed by Correa E. Jose.(Owens, T.) (Entered: 06/29/2017)
2017-06-292PRISCS MOTION for Leave to Proceed in forma pauperis by Correa E. Jose. (Owens, T.) (Entered: 06/29/2017)
2017-06-293STANDING PROTECTIVE ORDER Signed by Judge Vanessa L. Bryant on 6/29/2017.(Owens, T.) (Entered: 06/29/2017)
2017-06-294EFILING STANDING ORDER ON PRISONER ELECTRONIC FILING PROGRAM Signed by Judge Janet C. Hall on 6/29/2017.(Owens, T.) (Entered: 06/29/2017)
2017-06-295ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Vanessa L. Bryant on 6/29/2017.(Owens, T.) (Entered: 06/29/2017)
2017-06-306ORDER granting 2 Motion for Leave to Proceed in forma pauperis. If you change your address at anytime during the litigation of this case, Local Rule 83.1(c)2 provides that you notify the court. Failure to do so can result in the dismissal of your case. Signed by Judge William I. Garfinkel on 6/30/2017. (Payton, R.) (Entered: 06/30/2017)
2017-07-117INITIAL REVIEW ORDER: As set forth in the Initial Review Order attached, Plaintiff's Complaint is dismissed in part. As stated in the Order, Plaintiff must file a notice indicating the first and last names of John Doe Defendants for non-dismissed claims within 90 days of the date of this Order, by 10/9/2017. The U.S. Marshals Service and Clerk are directed to pages 11-14 of the Order for deadlines to serve Defendants. Defendants shall respond to the Complaint within 60 days of the date the notice of lawsuit and waiver of service of summons forms are mailed to them. Discovery shall be completed by 1/8/2018 and Dispositive Motions, if any, are due by 2/6/2018 . Signed by Judge Vanessa L. Bryant on 7/11/2017. (Hudson, C) (Entered: 07/11/2017)
2017-07-148MOTION to Amend 1 Complaint by Correa E. Jose.Responses due by 8/4/2017. (Bozek, M.) (Entered: 07/14/2017)
2017-07-179Corrected INITIAL REVIEW ORDER. All claims against defendants McLeod, Ortyl, Heinberg, Weir, Daigle, Pinar, Carrasquillo, Beaulier, Cassidy, Cournoyer, Mulligan, and Wright are dismissed. The Clerk shall direct service as stated in the attached order. Signed by Judge Vanessa L. Bryant on 07/17/2017. (Shafer, J.) (Entered: 07/17/2017)
2017-07-1810ORDER granting 8 Motion to Amend the Complaint to identify John Doe Defendants as Lieutenant Guidmond and Corrections Officer McQuaid. The U.S. Marshals Service and Clerk are directed to the Order attached for deadlines to serve the newly identified Defendants. Signed by Judge Vanessa L. Bryant on 7/18/2017. (Hudson, C) (Entered: 07/18/2017)
2017-07-2011ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Boudreau, Guidmond, Lindsay, McQuaid, Perylo* with answer to complaint due within *21* days. Attorney *Correa E. Jose #340113* *MacDougall-Walker Correctional Institution* *1153 East Street South* *Suffield, CT 06080*. (Bozek, M.) (Entered: 07/20/2017)
2017-07-20USM 285 forms together with 11 Summons, 1 Complaint, 9 Corrected IRO, 10 Order, 8 Motion, and 6 Order granting IFP reviewed and sent to USM for service on defendant(s).Marshals Return of Service on Summons due by 8/9/2017. (Bozek, M.) (Entered: 07/20/2017)
2017-07-25REQUEST FOR WAIVER of Service sent to Lindsay,Perylo, Boudreau, Guidmond, McQuaid on 7/25/2017. Waiver of Service due by 8/29/2017. (Bozek, M.) (Entered: 07/25/2017)
2017-08-0812WAIVER OF SERVICE Returned Executed as to Guidmond: waiver sent on 7/25/2017, answer due 9/23/2017; Lindsay: waiver sent on 7/25/2017, answer due 9/23/2017. (Shafer, J.) (Entered: 08/09/2017)
2017-08-1713MOTION to Amend 1 Complaint by Correa E. Jose.Responses due by 9/7/2017. (Bozek, M.) (Entered: 08/17/2017)
2017-08-3114NOTICE of Appearance by Stephen R. Finucane on behalf of Boudreau, Guidmond, Lindsay, McQuaid, Perylo (Finucane, Stephen) (Entered: 08/31/2017)
2017-08-3115MOTION to Take Deposition from plaintff: Jose Correa, Inmate # 340113 by Boudreau, Guidmond, Lindsay, McQuaid, Perylo. (Finucane, Stephen) (Entered: 08/31/2017)
2017-09-0516ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Boudreau, McQuaid, Perylo* with answer to complaint due within *21* days. Attorney *Correa E. Jose #340113* *MACDOUGALL-WALKER CORRECTIONAL INSTITUTION* *1153 East Street South* *Suffield, CT 06080*. (Bozek, M.) (Entered: 09/05/2017)
2017-09-05USM 285 forms together with 16 Summons, 1 Complaint, 6 Order granting IFP, 9 Corrected IRO, and [10} Order reviewed and sent to USM for service on defendants.Marshals Return of Service on Summons due by 9/25/2017. (Bozek, M.) (Entered: 09/05/2017)
2017-09-0517ORDER granting 15 Motion to Take Deposition of Jose E. Correa as contemplated under Federal Rules of Civil Procedure 30(a)(2)(B) and 26(b)(1). Signed by Judge Vanessa L. Bryant on 9/5/2017. (Hudson, C) (Entered: 09/05/2017)
2017-09-1918ORDER granting 13 Motion to Correct the caption on this case to accurately reflect that Plaintiff's name is Jose E. Correa. Signed by Judge Vanessa L. Bryant on 9/19/2017. (Hudson, C) (Entered: 09/19/2017)
2017-09-2619ANSWER to 1 Complaint with Affirmative Defenses with Jury Demand by Boudreau, Guidmond, Lindsay, McQuaid, Perylo.(Finucane, Stephen) (Entered: 09/26/2017)
2017-10-0620Letter from Jose Correa Re: Tampering of Mail (Payton, R.) (Entered: 10/12/2017)
2017-10-2721Summons Returned Unexecuted by Jose E. Correa as to Perylo. (Peterson, M) (Entered: 11/01/2017)
2017-10-2722SUMMONS Returned Executed by Jose E. Correa. McQuaid served on 10/19/2017, answer due 11/9/2017. (Peterson, M) (Entered: 11/01/2017)
2017-10-2723Summons Returned Unexecuted by Jose E. Correa as to Boudreau. (Peterson, M) (Entered: 11/01/2017)
2017-11-1424SUMMONS Returned Executed C/O Attorney Gerenal by Jose E. Correa. (Potter, A.) (Entered: 11/14/2017)
2017-11-2025MOTION for Extension of Time until December 26, 2017 to Respond to Plaintiff's Discovery by Boudreau, Guidmond, Lindsay, McQuaid, Perylo. (Finucane, Stephen) (Entered: 11/20/2017)
2017-11-2126MOTION for Extension of Time until December 26, 2017 Corrected Motion re: font requirements to respond to plaintiff's discovery 25 MOTION for Extension of Time until December 26, 2017 to Respond to Plaintiff's Discovery by Boudreau, Guidmond, Lindsay, McQuaid, Perylo. (Finucane, Stephen) (Entered: 11/21/2017)
2017-11-2227ORDER denying 26 Motion for Extension of Time. Pursuant to Local Rule 7(b)2, "All motions for extensions of time shall include a statement of the movant that (1) the movant has inquired of all non-moving parties and there is agreement or objection to the motion, or that (2) despite diligent effort, including making the inquiry in sufficient time to afford nonmovant a reasonable opportunity to respond, the movant cannot ascertain the position(s) of the non-movant(s)." Defendants' statement that "Plaintiff was mailed a copy of this motion. It is presumed that plaintiff will file written objection to this motion as allowed by Local Rule 7 if he does not consent," is not compliant with Rule 7(b)2's standard. Signed by Judge Vanessa L. Bryant on 11/22/2017. (Hoffman, S) (Entered: 11/22/2017)
2018-01-0228MOTION to Compel Discovery by Jose E. Correa.Responses due by 1/23/2018. (Bozek, M.) (Entered: 01/02/2018)
2018-01-1929ORDER denying 28 Motion to Compel without prejudice subject to re-filing within thirty-five days of the date of this order. Signed by Judge Vanessa L. Bryant on 01/19/2018. (Shafer, J.) Modified to correct scriveners error on 1/22/2018 (Shafer, J.). (Entered: 01/19/2018)
2018-01-2930STATUS REPORT re: Discovery by Boudreau, Guidmond, Lindsay, McQuaid, Perylo. (Attachments: # 1 Affidavit Declarations from Plaintiff re: Discovery)(Finucane, Stephen) (Entered: 01/29/2018)
2018-01-3131SCHEDULING ORDER: In addition to the deadlines for discovery and dispositive motions imposed in the Initial Review Order [Dkt. 7], the following deadlines are imposed. If no dispositive motions are filed, the joint trial memorandum is due by 3/20/2018 , and jury selection will take place on 5/29/2018 at 09:30 AM in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. If dispositive motions are filed, the joint trial memorandum is due by 9/24/2018 , and jury selection will take place on 11/6/2018 at 09:30 AM in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. Dates for the presentation of evidence will be designated following the submission of the joint trial memorandum. Counsel shall be prepared to present evidence on any day during the month of jury selection. All proposed voir dire questions, jointly proposed jury instructions, and motions in limine must be filed along with the joint trial memorandum. All evidentiary objections raised in the joint trial memorandum must be the subject of a motion in limine and supported by applicable Second Circuit precedent. The parties are instructed to file one proposed set of jury instructions, indicating any language that is the subject of disagreement between the parties and briefly providing authority in support of each party's proposed language. Each party shall file three exhibit binders (including witness lists)--one to be delivered to the courtroom deputy, Jeremy Shafer, in the Clerk's Office and two to Chambers. In addition, each party shall submit to the Courtroom Deputy electronic exhibit files that comply with file naming method on: http://ctd.uscourts.gov/jury-evidence-recording-system-jers. The parties' exhibit binders and electronic exhibits, as well as any courtroom technology requests, must be submitted no later than two weeks before jury selection . If the parties feel that a settlement conference before a Magistrate Judge would be productive, the parties may jointly request such on the docket. Counsel are directed to read and comply with all provisions of Chambers Practices -- in particular, this Chambers font formatting standards. Noncompliant filings may be summarily denied. The Court also requests that any courtesy copies sent to Chambers be printed from the docket and contain the header of the Courts electronic filing system. Signed by Judge Vanessa L. Bryant on 1/31/2018. (Hudson, C) (Entered: 01/31/2018)
2018-02-0632MOTION for Summary Judgment by Boudreau, Guidmond, Lindsay, McQuaid, Perylo.Responses due by 2/27/2018 (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 56(a)(1))(Finucane, Stephen) (Entered: 02/07/2018)
2018-02-0733NOTICE by Boudreau, Guidmond, Lindsay, McQuaid, Perylo re 32 MOTION for Summary Judgment NOTICE TO PRO SE LITIGANT, Local R. 56(b) (Finucane, Stephen) (Entered: 02/07/2018)
2018-02-0734NOTICE by Boudreau, Guidmond, Lindsay, McQuaid, Perylo re 33 Notice (Other), 32 MOTION for Summary Judgment TABLE OF CONTENTS for Chambers Copy of Summary Judgment Materials (Docs. 32; 33) (Finucane, Stephen) (Entered: 02/07/2018)
2018-02-2135MOTION for Extension of Time of thirty days to Respond to 32 MOTION for Summary Judgment by Jose E. Correa. (Bozek, M.) (Entered: 02/21/2018)
2018-02-2137AFFIDAVIT signed by Jose Correa. Filed by Jose E. Correa. (Bozek, M.) (Entered: 02/23/2018)
2018-02-2138MOTION to Appoint Counsel by Jose E. Correa. (Bozek, M.) (Entered: 02/23/2018)
2018-02-2139Letter from Jose E. Correa dated 2/13/2018. (Bozek, M.) (Entered: 02/23/2018)
2018-02-2236ORDER granting 35 Motion for Extension of Time. Signed by Judge Vanessa L. Bryant on 02/22/2018. (Shafer, J.) (Entered: 02/22/2018)
2018-02-2640ORDER REFERRING CASE to Magistrate Judge Robert A. Richardson for 39 Letter and ruling on 38 MOTION to Appoint Counsel. Signed by Judge Vanessa L. Bryant on 02/26/2018. (Shafer, J.) (Entered: 02/26/2018)
2018-03-2141Memorandum of Law in Opposition re 32 MOTION for Summary Judgment filed by Jose E. Correa. (Attachments: # 1 Affidavit, # 2 Supplement)(Bozek, M.) (Entered: 03/22/2018)
2018-03-2142MOTION to Strike 32 MOTION for Summary Judgment by Jose E. Correa.Responses due by 4/11/2018. (Attachments: # 1 Supplement)(Bozek, M.) (Entered: 03/22/2018)
2018-03-2343ORDER denying 42 Motion to Strike. The court will consider the arguments set forth in this motion as a supplement to the objection to the motion for summary judgment. Signed by Judge Vanessa L. Bryant on 3/23/2018. (Hudson, C) (Entered: 03/23/2018)
2018-04-0444ORDER: The plaintiff is hereby ordered, within thirty-five (35) days of the date of this order, to submit a Local Rule 56(a)2 Statement pursuant to the rule set forth on pages 7 and 8 of the defendant's Notice to Self-Represented Litigant Concerning Motion for Summary Judgment (Dkt. No. 33 ). The statement must be supported by admissible evidence showing a genuine issue of material fact(s) with respect to his exhaustion of all administrative remedies regarding the events of February 27 and 28, 2016. Summary judgment will enter in favor of the defendants unless the plaintiff submits the required Local Rule 56(a)2 Statement and any supporting evidence within thirty-five (35) days of the date of this order. Signed by Judge Vanessa L. Bryant on 04/04/2018. (Shafer, J.) (Entered: 04/04/2018)
2018-04-0945ORDER denying 38 Motion to Appoint Counsel. See attached ruling, 2 pages. Signed by Judge Robert A. Richardson on 4/9/18. (Reitz, Katharine) (Entered: 04/09/2018)
2018-04-1746MOTION for Extension of Time until 30 days to respond to 32 MOTION for Summary Judgment by Jose E. Correa. (Hernandez, T.) (Entered: 04/18/2018)
2018-04-1947ORDER: The plaintiff's motion for extension of time 46 is GRANTED in part and DENIED in part. The plaintiff's request for a 30-day extension is GRANTED, and he must file his Local Rule 56(a)2 Statement no later than June 11, 2018 . No further extensions will be granted. However, to the extent that plaintiff has also requested an injunction, that request is DENIED without prejudice. Any request for a preliminary injunction must be raised in a motion for preliminary injunctive relief and must show (1) that the absence of such an injunction will result in irreparable harm to the plaintiff and (2) either a likelihood of success on the merits or sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly in the plaintiff's favor. See Jolly v. Coughlin , 76 F.3d 468, 473 (2d Cir. 1996). The Court advises the Plaintiff that, based on the allegations in the Motion for Extension [Dkt. 46], it does not appear that a motion for injunction would be meritorious. Since plaintiff could re-send his correspondence to the Inmate Legal Assistance Program, it does not appear that Plaintiff has suffered irreparable injury. Signed by Judge Vanessa L. Bryant on 4/19/2018. (Hudson, C) (Entered: 04/19/2018)
2018-05-0148AFFIDAVIT Signed By Jose E. Correa #340113 filed by Jose E. Correa. (Attachments: # 1 attachment)(Hernandez, T.) (Entered: 05/01/2018)
2018-05-0249OBJECTION re 48 Affidavit objection in part filed by Boudreau, Guidmond, Lindsay, McQuaid, Perylo. (Finucane, Stephen) (Entered: 05/02/2018)
2018-05-0750ORDER: The defendants' objection requesting that summary judgment be granted based on the plaintiff's noncompliance with the court's orders [#49] is denied without prejudice. The plaintiff is reminded, however, that he must file his Local Rule 56(a)2 Statement no later than June 11, 2018. Failure to file the Local Rule 56(a)2 Statement by that date will result in summary judgment in favor of the defendants. Signed by Judge Vanessa L. Bryant on 5/7/2018. (Hudson, C) (Entered: 05/07/2018)
2018-05-0751AFFIDAVIT of Fernando Cruz #400910 Signed By Jose Enrique Correa filed by Jose E. Correa. (Hernandez, T.) (Entered: 05/08/2018)
2018-05-1752AFFIDAVIT Signed By Jose Enrique Correa and filed by Jose E. Correa. (Hernandez, T.) (Entered: 05/17/2018)
2018-05-1753Plaintiff's Local Rule 56(a)2 Statement re 32 MOTION for Summary Judgment filed by Jose E. Correa. (Hernandez, T.) (Entered: 05/18/2018)
2018-06-0454ORDER granting 32 Motion for Summary Judgment. The clerk is directed to enter judgment in favor of the defendants and close this case. Signed by Judge Vanessa L. Bryant on 06/04/2018. (Shafer, J.) (Entered: 06/04/2018)
2018-06-0455JUDGMENT entered in favor of defendants. For appeal forms please go to the following website: www.ctd.uscourts.gov/forms/all-forms/appeals_forms. Signed by Clerk on 06/04/2018. (Shafer, J.) (Entered: 06/04/2018)
2018-06-04JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Shafer, J.) (Entered: 06/04/2018)
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