Perez v. Perez et al
| Rhode Island District Court | |
| Judge: | John J Mcconnell, Jr |
| Referred: | Lincoln D Almond |
| Case #: | 1:24-cv-00507 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Dec 04, 2024 |
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| Docket last updated: 12/25/2024 11:59 PM EST |
| Thursday, December 12, 2024 | ||
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order
Order on Motion for Leave to Proceed In Forma Pauperis Order on Motion to Appoint Counsel
Thu 12/12 11:09 AM
TEXT ORDER granting3 Motion for Leave to Proceed in forma pauperis. The United States Marshals Service is hereby ordered to serve the plaintiffs summons and complaint on the defendants ; denying without prejudice4 Motion to Appoint Counsel: Alexander Perez has moved for in forma pauperis (IFP) status, which requires the Court to screen the Complaint to determine whether it states a plausible federal claim for relief. 28 U.S.C. § 1915(e)(2)(B)(ii). The Complaint contends that while Mr. Perez was being transferred from one exercise "cage" to another, he was pepper-sprayed for protesting the transfer. Then, at a point when he had already been handcuffed behind his back, he alleges, he was pepper-sprayed again. The use of tear gas, when unnecessary to restore or maintain discipline, presents a prima facie case under the Eighth Amendment of excessive use of force, for which qualified immunity may be denied. Sebrain v. Duffy , 118 F.4th 45, 56 (1st Cir. 2024). Any allegation concerning the use of pepper-spray on an inmate who is already sufficiently restrained states a colorable claim for relief. Therefore, the Motion for In Forma Pauperis status (ECF No. 3) is GRANTED. The Motion to Appoint Counsel (ECF No. 4) is DENIED WITHOUT PREJUDICE at this early stage of the proceedings. Mr. Perez may renew that Motion later. Mr. Perez is required, however, to pay the full filing fee of $350, although IFP status permits it to be paid in installments, as follows: Pursuant to 28 U.S.C. § 1915(b), the first installment shall be 20% of the greater of the plaintiff's average monthly balance or of the plaintiffs average monthly deposits, each for the six months preceding the filing of the application. Mr. Perez's average monthly balance is $72.86; his average monthly deposit is $203.33. Therefore, the initial installment due is $40.67. Each time the inmate account exceeds $10, the ACI is directed to forward 20% of the preceding months income until the full filing fee is paid. So Ordered by Chief Judge John J. McConnell, Jr. on 12/12/2024. (Jackson, Ryan) |
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| Wednesday, December 04, 2024 | ||
| 4 | 4
motion
Appoint Counsel
Wed 12/04 3:06 PM
MOTION to Appoint Counsel filed by Alexander Perez. Responses due by 12/18/2024. (Kenny, Meghan) |
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| 3 | 3
motion
Proceed In Forma Pauperis
Wed 12/04 3:05 PM
MOTION for Leave to Proceed in forma pauperis filed by Alexander Perez.(Kenny, Meghan) |
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Att: 1
Inmate Account Statement
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| 2 | 2
misc
Civil Cover Sheet
Wed 12/04 3:03 PM
Civil Cover Sheet filed by Alexander Perez. Regarding New Case:1 Complaint. (Kenny, Meghan) |
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| 1 | 1
cmp
Complaint
Wed 12/04 3:01 PM
COMPLAINT, filed by Alexander Perez.(Kenny, Meghan) |
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Att: 1
Attachment,
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Att: 2
Exhibit
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