6
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6
order
Order on Motion for Leave to Proceed In Forma Pauperis
Mon 12/23 12:48 PM
ORDER: Plaintiff has filed a motion for leave to proceed in forma pauperis; in other words, he seeks to commence a federal lawsuit without pre-paying the filing fee. A federal law, 28 U.S.C. § 1915, permits him to do so if, among other things, he submits a financial affidavit showing that he is unable to pay, accompanied by a certified copy of his inmate trust account statement for the six month period preceding his complaint.
In this case, Plaintiff did not submit a certified copy of his inmate trust account statement.
Additionally, under 28 U.S.C. § 1915(e)(2)(B), a court shall dismiss a complaint when "the action... is frivolous or malicious;... fails to state a claim on which relief may be granted; or... seeks monetary relief against a defendant who is immune from such relief." In evaluating whether a complaint survives dismissal, a court must "accept as true all factual allegations in the complaint and draw all reasonable inferences" in a plaintiff's favor. Cruz v. Gomez , 202 F.3d 593, 596 (2d Cir. 2000). Pro se complaints "must be construed liberally and interpreted to raise the strongest arguments that they suggest." Triestman v. Fed. Bureau of Prisons , 470 F.3d 471, 474 (2d Cir. 2006). However, to survive dismissal, a complaint must plead "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570 (2007).
In the present case, Plaintiff makes general allegations of violations of prison regulations and alleged misdeeds. However, Plaintiff does not state what his causes of action are, nor does he name which individuals from whom he seeks relief. Accordingly, Plaintiff fails to state a claim for which relief may be granted.
Consequently, the Court dismisses the complaint without prejudice. Plaintiff may file another complaint, naming the defendants whom he wishes to sue and setting forth causes of action. If Plaintiff chooses to do so and file a motion to proceed in forma pauperis, Plaintiff must also file a certified copy of his inmate trust account. It is so ordered.
If Plaintiff seeks further guidance, he may contact the Federal Pro Se Legal Assistance Program at 203-850-7720 and/or federalproselegal@qu.edu.
The Clerk is directed to mail a copy of this Order to Plaintiff.
Signed by Judge Vernon D. Oliver on 12/23/2024. (Pastor, G)
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5
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5
notice
Notice re: Disclosure Statement
Fri 12/20 10:32 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 12/16/2024.(Gaskins, A)
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4
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4
order
Electronic Filing Order
Fri 12/20 10:31 AM
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER
Signed by Judge Vernon D. Oliver on 12/16/2024.(Gaskins, A)
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3
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3
motion
Appoint Counsel
Fri 12/20 10:27 AM
MOTION to Appoint Counsel by Jeffrey Hall. (Gaskins, A)
Related: [-]
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2
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2
motion
Proceed In Forma Pauperis
Fri 12/20 10:26 AM
MOTION for Leave to Proceed in forma pauperis by Jeffrey Hall. (Gaskins, A)
Related: [-]
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1
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1
misc
Application - Miscellaneous Civil
Fri 12/20 10:22 AM
Miscellaneous Application, filed by Jeffrey Hall. (Gaskins, A) (Gaskins, A)
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Att: 1
Envelope
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Att: 2
(12/20/2024) Attachment
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