| Date Filed | Doc # | Docket Text |
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| 2022-06-21 | 1 | COMPLAINT against Federal Bureau of Prisons, filed by Marcus Stroud. (Attachments: # 1 Envelope) (Fanelle, N.) (Entered: 06/21/2022) |
| 2022-06-21 | 2 | MOTION for Leave to Proceed in forma pauperis by Marcus Stroud. (Fanelle, N.) (Entered: 06/21/2022) |
| 2022-06-21 | 3 | Prisoner Trust Fund Account Statement by Marcus Stroud. (Fanelle, N.) (Entered: 06/21/2022) |
| 2022-06-21 | 4 | MOTION to Appoint Counsel by Marcus Stroud. (Fanelle, N.) (Entered: 06/21/2022) |
| 2022-06-21 | 5 | STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 6/21/2022. (Fanelle, N.) (Entered: 06/21/2022) |
| 2022-06-21 | 6 | ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 6/21/2022. (Fanelle, N.) (Entered: 06/21/2022) |
| 2022-06-30 | 7 | NOTICE OF INSUFFICIENCY re: Motion for Leave to Proceed In Forma Pauperis . All in forma pauperis motions made by a prisoner seeking to bring a civil action must be accompanied by a certified copy of his trust fund account statement for the six-month period immediately preceding the filing of the complaint. 28 USCA § 1915(a)(2). In his application, the plaintiff included a certification of his inmate account balance and a statement showing general information, account balances, and commissary history. However, he did not include a trust fund statement for the last six months, which, as noted on page six of the in forma pauperis application form, is a ledger sheet. He is therefore directed to send a certified copy of his trust fund account statement for the previous six months. The Plaintiff is respectfully advised that, if by July 21st, 2022, he has neither paid the filing fee nor provided the court with the requested information, his case may be dismissed. Signed by Judge Thomas O. Farrish on 6/30/2022.(Corriette, M.) (Entered: 06/30/2022) |
| 2022-07-15 | 8 | Prisoner Trust Fund Account Statement by Marcus Stroud. (Fanelle, N.) (Entered: 07/18/2022) |
| 2022-07-19 | 9 | ORDER granting 2 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 7/19/2022. (Corriette, M.) (Entered: 07/19/2022) |
| 2022-08-18 | 10 | INITIAL REVIEW ORDER Discovery due by 2/14/2023; Dispositive Motions due by 3/16/2023. See attached Order. Signed by Judge Kari A. Dooley on 8/18/2022.(Gould, K.) (Entered: 08/18/2022) |
| 2022-09-02 | 11 | ORDER denying 4 Motion to Appoint Counsel. A plaintiff in a civil case is not entitled to appointment of counsel on request and the Second Circuit repeatedly cautions against the routine appointment of counsel. See, e.g. , Hendricks v. Coughlin , 114 F.3d 390, 393 (2d Cir. 1997); Cooper v. A. Sargenti Co. , 877 F.2d 170, 172 (2d Cir. 1989). Insofar as volunteer lawyer time is not always readily available, a plaintiff seeking appointment of counsel must show first that he "sought counsel and has been unable to obtain it." McDonald v. Head Criminal Court Supervisor Officer , 850 F.2d 121, 123 (2d Cir. 1988). Once a plaintiff has made this showing, he must then demonstrate that his complaint passes the test of "likely merit." Cooper , 877 F.2d at 173. He must demonstrate that the claims in the complaint have a sufficient basis to justify appointing a volunteer lawyer to pursue them. Here, it is clear that Plaintiff cannot afford counsel. However, although Plaintiff indicates he contacted some legal aid organizations, and sought a referral for a lawyer, he does indicate that he has attempted to secure counsel. Further, at this nascent stage the Court cannot assess the likely merit of the Plaintiff's claims. The motion is therefore denied without prejudice. Signed by Judge Kari A. Dooley on 9/2/22. (Dooley, Kari) (Entered: 09/02/2022) |
| 2022-09-12 | 12 | MOTION to Amend/Correct 1 Complaint by Marcus Stroud. Responses due by 10/3/2022. (Attachments: # 1 Envelope) (Fanelle, N.) (Entered: 09/13/2022) |
| 2022-09-16 | 13 | ORDER granting 12 Motion to Amend/Correct. ORDER granting Plaintiffs motion to amend his complaint [ECF No. 12] to include allegations that occurred after the original complaint was filed and to add a new count based on these facts. Under Rule 15(a) of the Federal Rules of Civil Procedure, a plaintiff may amend his complaint once as a matter of course within twenty-one days after service of the complaint or within twenty-one days after service of a responsive pleading. See Fed. R. Civ. P. 15(a)(1)(A) & (B). In this action, no defendant has entered an appearance and no answer has been filed. Thus, the plaintiff may amend his complaint as a matter of course under Federal Rule of Civil Procedure 15(a)(1). The Court instructs the clerk to docket the proposed supplemental complaint included within the motion as the operative amended complaint.The Clerk shall serve the Amended Complaint on the United States Bureau of Prisons within twenty-one (21) days from the date of this order in accordance with the procedure for effecting service on a federal agency by emailing a copy of all relevant documents to Defendants representative, Assistant U.S. Attorney Michelle McConaghy, Chief of the Civil Division of the U.S. Attorneys Office for the District of Connecticut.The Defendant shall file its response to the amended complaint within sixty (60) days from the date the notice of lawsuit and waiver of service of summons forms are mailed to them. Discovery, according to Federal Rules of Civil Procedure 26-37, shall be completed within six months (180 days) from the date of this Order. Discovery requests need not be filed with the Court. All motions for summary judgment shall be filed within seven months (210 days) from the date of this Order.Signed by Judge Kari A. Dooley on 9/16/22. (Dooley, Kari) (Entered: 09/16/2022) |
| 2022-09-16 | 14 | AMENDED COMPLAINT against Federal Bureau of Prisons, filed by Marcus Stroud. (Fanelle, N.) (Entered: 09/20/2022) |
| 2022-09-21 | 15 | NOTICE of Appearance by J. Brian Meskill on behalf of Federal Bureau of Prisons (Meskill, J. Brian) (Entered: 09/21/2022) |
| 2022-09-26 | 16 | MOTION to Supplement 14 Amended Complaint by Marcus Stroud. Responses due by 10/17/2022. (Attachments: # 1 Envelope) (Fanelle, N.) (Entered: 09/27/2022) |
| 2022-09-30 | 17 | ORDER granting 16 Motion to Amend/Correct. ORDER granting Plaintiffs motion to amend his complaint [ECF No. 16]. Plaintiff represents that he seeks to amend his complaint because he has now received some of the records that he requested and he now seeks to allege that the BOP has intentionally left out records and/or heavily redacted records improperly. Id. at 11. Under Rule 15(a) of the Federal Rules of Civil Procedure, a plaintiff may amend his complaint once as a matter of course within twenty-one days after service of the complaint or within twenty-one days after service of a responsive pleading. See Fed. R. Civ. P. 15(a)(1)(A) & (B). Otherwise, the plaintiff may amend his complaint only with "the opposing party's written consent or the court's leave," which should be "freely give[n] when justice so requires." Fed. R. Civ. P. 15(a)(2). The Court considers Plaintiffs motion under Rule 15(a)(2) because he has already filed one amended complaint. Because Plaintiffs motion and proposed amended complaint do not raise any concerns of bad faith, undue delay, unfair prejudice, or futility, see Foman v. Davis, 371 U.S. 178, 182 (1962), the Court affords Plaintiff leave to amend. The Clerk of the Court is instructed to file on the docket the Second Supplemental Civil Complaint attached as Exhibit A to the motion. The deadlines previously set are not altered by this Order. See Order, ECF No. 13.. Signed by Judge Kari A. Dooley on 9/30/22. (Dooley, Kari) (Entered: 09/30/2022) |
| 2022-09-30 | 18 | AMENDED COMPLAINT against Federal Bureau of Prisons filed by Marcus Stroud.(Gould, K.) (Entered: 10/05/2022) |
| 2022-11-07 | 19 | MOTION to Dismiss or, in the Alternative, for Summary Judgment by Federal Bureau of Prisons.Responses due by 11/28/2022 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Affidavit Declaration, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7 (subject to motion to seal))(Meskill, J. Brian) (Entered: 11/07/2022) |
| 2022-11-07 | 20 | Sealed Document: Exhibit 7 to White Declaration by Federal Bureau of Prisons re 19 MOTION to Dismiss or, in the Alternative, for Summary Judgment . (Meskill, J. Brian) (Entered: 11/07/2022) |
| 2022-11-07 | 21 | MOTION to Seal ECF 20 -- Exhibit 7 to White Declaration by Federal Bureau of Prisons. (Meskill, J. Brian) (Entered: 11/07/2022) |
| 2022-11-07 | 22 | NOTICE by Federal Bureau of Prisons re 19 MOTION to Dismiss or, in the Alternative, for Summary Judgment --Local Rule 12(a) Notice to Self-Represented Litigants Regarding Motions to Dismiss (Attachments: # 1 Attachments to Notice to Self-Represented Litigants Regarding Motions to Dismiss)(Meskill, J. Brian) (Entered: 11/07/2022) |
| 2022-11-07 | 23 | CERTIFICATE OF SERVICE by Federal Bureau of Prisons (Meskill, J. Brian) (Entered: 11/07/2022) |
| 2022-11-28 | 24 | OPPOSITION to 19 MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by Marcus Stroud. (Attachments: # 1 Envelope) (Fanelle, N.) (Entered: 11/29/2022) |
| 2022-12-07 | 25 | RESPONSE /REPLY to 24 OPPOSITION to 19 MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by Federal Bureau of Prisons. (Meskill, J. Brian) (Entered: 12/07/2022) |
| 2023-04-06 | 26 | ORDER GRANTING 21 Motion to Seal because sealing Exhibit 7, ECF No. 20--which shows information redacted as FOIA exemptions under 5 U.S.C. §§ 552(b)(6)-(7)--is in the interest of justice and is narrowly tailored to serve clear and compelling reasons. See D. Conn. L. Civ. R. 5(e)(3); see also Kleftogiannis v. Inline Plastics Corp. , 411 F. Supp. 3d 216, 232 (D. Conn. 2019) (noting that the party moving to seal must demonstrate "that closure is essential to preserve higher values and is narrowly tailored to serve that interest" (quotation omitted)). Signed by Judge Kari A. Dooley on 4/6/2023. (Stamegna, Ashley) (Entered: 04/06/2023) |
| 2023-04-11 | 27 | ORDER Re: Supplemental Briefing: The Bureau of Prisons (BOP) represents that it has no objection to an in camera review for the Court to determine the propriety of its redactions under the exemptions of 5 U.S.C. § 552(b) as identified in the declaration from Government Information Specialist White. ECF No. 19-3. A court may enter summary judgment for an agency in a FOIA case "when the affidavits describe the justifications for nondisclosure with reasonably specific detail, demonstrate that the information withheld logically falls within the claimed exemption, and are not controverted by either contrary evidence in the record nor by evidence of agency bad faith." Seife v. U.S. Food & Drug Admin. , 43 F.4th 231, 238 (2d Cir. 2022) (quoting Wilner v. Nat'l Sec. Agency , 592 F.3d 60, 73 (2d Cir. 2009)). After review of BOP's exhibit 7 (under seal), the Court requests supplemental briefing or affidavits to explain the nature of the information redacted and, once better identified, how it falls within the identified section 552(b) exemptions for the following: (1) the redaction on page 256; and (2) the first redaction on page 318. BOP must file its supplemental brief under seal on or before May 8, 2023 . Signed by Judge Kari A. Dooley on 4/11/2023. (Stamegna, Ashley) (Entered: 04/11/2023) |
| 2023-04-24 | 28 | Sealed Document: Supplemental Briefing by Federal Bureau of Prisons re 27 Order,,,,, . (Attachments: # 1 Affidavit Ex. 1, # 2 Affidavit Ex. 2)(Meskill, J. Brian) (Entered: 04/24/2023) |
| 2023-07-07 | 29 | ORDER granting 19 Motion for Summary Judgment. See attached Memorandum of Decision. The Clerk of the Court is directed to enter judgment in favor of Defendant and close this case. Signed by Judge Kari A. Dooley on 7/7/2023. (Stamegna, Ashley) (Entered: 07/07/2023) |
| 2023-07-11 | 30 | JUDGMENT entered in favor of Federal Bureau of Prisons against Marcus Stroud. For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Clerk on 7/11/2023.(Gould, K.) (Entered: 07/11/2023) |
| 2023-07-11 | | JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: 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 (Gould, K.) (Entered: 07/11/2023) |
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