Rice v. Resendes, et al
| BRIANNA J. ADAMS, BLENDA A. RICE and PATRICIA U. ADAMS |
| MICHAEL W. MORRISSEY, EDWARD J. DOHERTY, MICHAEL KASPRZAK, JOHN DERUSHA, MAR L. REILLY, JAMES J. SABA, JAMES REDD, III, DANIEL FLAVIN, THOMAS A. TURCO, II, MICHAEL RODRIGUES, LEO MARCHAND, JR., JASON P. ROBICHAUD, JAMIE CHAPMAN, MICHAEL LUNTUK, CALVIN VEGA, ASHRAFF GOMMA, CHRIS PAKURIS, WILLIAM M MILLER, IV, JASON BADGER, ROWAN HILL, SCOTT BLACK, BRIAN LEAVITT, JOSEPH W. KELLY, VANESSA L. RATTIGAN, CAROL LAWTON, MARC DUBOIS, KRISTEN RICKIS, ELIZABETH MEFFEN, MPCH SERVICES, INC., DONNA CARDULLO, DANIELLE PETERSON, STEPHEN FAGAN, JOSHUA RILEY, JENNIFER DOS SANTOS, AYSHA HAMEED, DEBRA VOGT, DONALD J. LEVESQUE, GUIDO GUEVARA, IAN L. MCDONALD, EARLE H. BEREIER, FERNANDO VIEIRA, NICHOLAS WOLSCHUN, AARON VALLA, BARBARA LUNN, DAVID MALONEY, JENNIFER MOCHA, SEAN CULLEN, MICHAEL MUNNS, JAMES REED, JR., CHRISTOPHER THIBAULT, PETER DIAGLE, ARTHUR DASILVA, FREDERICK SLEEPER, NHEKO PAWLOWSKI, SABRINA PIRES, DAVID CAFARELLI, MIST ROUSSEAU, EDWARD TRAHAN, KURT DEMOURA, JOHN DEAN, LINDA ALBOHN, JAMES CRONIN, MARIANNA DOLAN, KATHLEEN EVERS, MATTHEW BORGES, STEVEN BOURNAZIAN, JOHN DANKIEVITCH, BLAS NUNEZ, ERIC CARBAL, PHIL VICIROS, A. STEPHANIE COLLINS, CAREN LANE, ROBERT L. PRICE, CAROL A. MICI, Commissioner, JOHN A. DANKIEVITCH, STEPHANIE COLLINS, KELLY J. SANTIAGO, MIKHAIL MORAR and DOUGLAS BOWER |
| JORDAN M. RICE |
| RYAN W. RESENDES, CHRISTOPHER M. PACHECO and SAMUEL RAMUS |
| 23-1433 |
| May 16, 2023 |
| U.S. Court of Appeals, First Circuit |
| Prisoner Civil Rights |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| NOTICE of filing the following transcript in district court by Court Reporter Rachel M. Lopez: 02/09/2021, Scheduling Conference. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [23-1433] (GB) [Entered: 09/26/2023 04:41 PM] |
| NOTICE of filing the following transcripts in district court by Court Reporter Rachel M. Lopez: 01/24/2023, Status Conference; 03/13/2023, Plaintiff's Opening Statement; 03/13/2023, Defendant's Opening Statement; 03/13/2023, Jury Trial - Day 1; 03/13/2023, Jury Voir Dire. In accordance with Judicial Conference Policy, the transcripts will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcripts may be purchased through the court reporter or viewed at the public terminal at the district court. [23-1433] (GB) [Entered: 09/26/2023 10:39 AM] |
| NOTICE of filing the following transcripts in district court by Court Reporter Rachel M. Lopez: 03/15/2023, Jury Instructions; 04/26/2022, Initial Pretrial Conference; 03/09/2023, Final Pretrial Conference; 08/04/2022, Status Conference; 09/16/2022, Status Conference; 03/14/2023, Jury Trial - Day 2; 03/15/2023, Jury Trial - Day 3; 03/16/2023, Jury Trial - Day 4; 03/15/2023, Plaintiff's Closing Argument; 03/15/2023, Defendant's Closing Argument. In accordance with Judicial Conference Policy, the transcripts will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcripts may be purchased through the court reporter or viewed at the public terminal at the district court. [23-1433] (GB) [Entered: 09/26/2023 10:32 AM] |
ORDER directing payment of the filing fee under PLRA. [23-1433] (KPC) [Entered: 09/20/2023 11:11 AM]
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| DOCKET sheet sent to appellant. [23-1433] (GB) [Entered: 09/19/2023 02:54 PM] |
| LETTER sent to Appellant Jordan M. Rice, acknowledging a correspondence dated dated August 31, 2023, received on September 13, 2023. [23-1433] (GB) [Entered: 09/19/2023 02:53 PM] |
| PLRA RESPONSE (Form 1 and documents) received from the Treasurer for the Souza Baranowski Correctional Center for the Appellant Jordan M. Rice. [23-1433] (GB) [Entered: 09/15/2023 12:34 PM] |
| LETTER with exhibits filed by Appellant Jordan M. Rice. Certificate of service was not included. [23-1433] (GB) [Entered: 09/13/2023 04:40 PM] |
| MOTION for an order to Department of Correction to return plaintiff's legal documents, and Renewed Request for appointment of counsel filed by Appellant Jordan M. Rice. Certificate of service was not included. [23-1433] (GB) [Entered: 09/13/2023 04:38 PM] |
| DOCKET sheet sent to appellant. [23-1433] (GB) [Entered: 09/11/2023 04:10 PM] |
| LETTER sent to Appellant Jordan M. Rice, acknowledging to a letter dated August 24, 2023, received on August 28, 2023. [23-1433] (GB) [Entered: 09/11/2023 04:06 PM] |
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ORDER entered: The Treasurer for the Souza Baranowski Correctional Center should note that the copy of the prisoner's trust account statement to be certified should be for the six-month period prior to the filing of the appeal, which in this case is May 8, 2023, and should include the period beginning November 8, 2022, and ending on May 8, 2023 . The prison financial clerk shall receive a copy of this order and is requested to send the relevant documentation (PLRA Form 1 and the certified prisoner trust account report) to the court directly on or before October 5, 2023 . [23-1433] (KPC) [Entered: 09/05/2023 09:09 AM]
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| MOTION to reconsider the court's order dated August 3, 2023 [ # 6583255-2 ], and request for docket entry filed by Appellant Jordan M. Rice. Certificate of service was not included. [23-1433] (GB) [Entered: 09/05/2023 03:07 PM] |
| RESPONSE filed by Appellant Jordan M. Rice to the court's June 29, 2023 show cause order regarding untimely appeal [ # 6577022-2 ]. Certificate of service was not included. [23-1433] (GB) [Entered: 09/05/2023 03:02 PM] |
| NOTICE of filing the following transcript in district court by Court Reporter Linda Walsh: 10/26/2022, Status Conference. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [23-1433] (GB) [Entered: 08/29/2023 04:48 PM] |
| Transcript order for the 10/26/2022, Status Conference has been reassigned to Court Reporter Linda Walsh. [23-1433] (GB) [Entered: 08/29/2023 04:48 PM] |
| LETTER filed by Appellant Jordan M. Rice, concerning his prisoner trust account statement and request a copy of case docket sheet. Certificate of service was not included. [23-1433] (GB) [Entered: 08/28/2023 03:48 PM] |
| PLRA RESPONSE (account report only, without PLRA Form 1) to the court's order dated August 14, 2023 [ # 6585050-2 ] filed by Souza Baranowski Correctional Center. [23-1433]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (GB) [Entered: 08/24/2023 07:43 PM] |
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ORDER entered. On July 13, 2023, this court directed appellant Jordan M. Rice to file a compliant Prison Litigation Reform Act (PLRA) Form 1 with a certified copy of the prisoner trust account statement or pay the full filing fee to the clerk of the district court. The court noted that the prisoner trust account report was deficient in that the report did not span the full six months preceding appellant's notice of appeal dated May 8, 2023, which would include the period beginning November 8, 2022 and ending on May 8, 2023. Appellant responded with a letter dated July 20, 2023, describing communication issues with the prison staff regarding the handling of the prison trust account. Appellant's letter also requests an extension of time in which to file the compliant PLRA Form 1. Accordingly, the time to file PLRA Form 1 and compliant certified prisoner trust account report is enlarged to and including September 11, 2023 . The prison financial clerk shall receive a copy of this order and is requested to send the relevant documentation to the court directly. [23-1433] (GB) [Entered: 08/14/2023 02:40 PM]
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| LETTER filed by Appellant Jordan M. Rice, in response to the court order dated July 13, 2023 [ # 6579225-2 ]. Certificate of service was not included. [23-1433] (GB) [Entered: 08/04/2023 02:44 PM] |
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ORDER entered. On June 29, 2023, the court issued an order instructing plaintiff-appellant Jordan M. Rice to show cause by July 13, 2023 why the instant appeal should include an appeal from the March 11, 2021 judgment that entered under Fed. R. Civ. P. 54(b) (D.E. No. 148). Appellant was specifically advised that the failure to respond would lead to this appeal being limited to the other district court orders listed in his notice of appeal. Having failed to respond, it is hereby ordered that the above captioned appeal will not include challenges to the judgment entered on March 11, 2021 and is limited to his challenge to the remaining district court orders only. [23-1433] (GB) [Entered: 08/03/2023 06:11 PM]
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| TRANSCRIPT report/order form filed by Appellant Jordan M. Rice indicating the following transcripts are being ordered: 10/26/2022, Status Conference. Transcript(s) due 09/25/2023 from Court Reporter FTR - MA. [23-1433] (ATC) [Entered: 07/26/2023 03:52 PM] |
| TRANSCRIPT report/order form filed by Appellant Jordan M. Rice indicating the following transcripts are being ordered: 03/13/2023, Jury Voir Dire; 03/13/2023, Opening Statement (p); 03/13/2023, Opening Statement (d); 03/13/2023, Trial - Day 1; 03/14/2023, Trial - Day 2; 03/15/2023, Trial - Day 3; 03/16/2023, Trial - Day 4; 03/15/2023, Closing Argument (p); 03/15/2023, Closing Argument (d); 03/15/2023, Jury Instructions; 02/09/2021, Scheduling Conference; 04/26/2022, Initial Pretrial Conference; 08/04/2022, Status Conference; 09/16/2022, Status Conference; 01/24/2023, Status Conference; 03/09/2023, Final Pretrial Conference. Transcript(s) due 09/25/2023 from Court Reporter Rachel M. Lopez. [23-1433] (ATC) [Entered: 07/26/2023 03:49 PM] |
| PLEADING tendered: Transcript Report Order Form (Rachel Lopez) filed by Appellant Jordan M. Rice. Certificate of service was not dated. [23-1433] (GB) [Entered: 07/18/2023 01:16 PM] |
| PLEADING tendered: Transcript Report Order Form (FTR) filed by Appellant Jordan M. Rice. Certificate of service was not included. [23-1433] (GB) [Entered: 07/18/2023 01:12 PM] |
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ORDER entered: This court is in receipt of Prison Litigation Reform Act (PLRA) Forms 1 and 2 filed by appellant Jordan M. Rice on July 10, 2023. As noted in PLRA Form 1, the prison trust officer must fill out and sign this form. Failure to submit a fully completed PLRA Form 1 with a certified copy of the prisoner trust account statement to this court or pay the full filing fee to the clerk of the district court by July 27, 2023 , will lead to dismissal of this appeal for lack of diligent prosecution in accordance with 1st Cir. R. 3.0(b). We also note that the prisoner trust account report is deficient in that the report does not span the full six months preceding appellant's notice of appeal dated May 8, 2023, which would include the period beginning November 8, 2023 and ending on May 8, 2023 . Accordingly, the time to file PLRA Form 1 and compliant certified prisoner trust account report is enlarged to July 27, 2023 . [23-1433] (KPC) [Entered: 07/13/2023 10:18 AM]
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| PLRA RESPONSE (Forms 1, 2 and documents) filed by Appellant Jordan M. Rice. [23-1433] (GB) [Entered: 07/10/2023 04:18 PM] |
| NOTICE to Court regarding denial of access to Courts filed by Appellant Jordan M. Rice. Certificate of service was not included. [23-1433] (GB) [Entered: 07/06/2023 03:23 PM] |
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ORDER to Show Cause entered directing appellant to show cause why this appeal should not be dismissed as untimely. Show cause response due 07/13/2023 . [23-1433] (GB) [Entered: 06/29/2023 03:58 PM]
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ORDER directing appellant to file a corrected Transcript Report/Order Form by 07/13/2023. [23-1433] (ATC) [Entered: 06/29/2023 09:52 AM]
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| CORRECTED PLRA LETTER issued. IFP was granted in district court. PLRA forms sent. PLRA response due 07/12/2023. [23-1433]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (CMP) [Entered: 06/28/2023 09:09 AM] |
| PLRA LETTER issued. IFP was granted in district court. PLRA forms sent. PLRA response due 07/11/2023. [23-1433] (CMP) [Entered: 06/27/2023 03:42 PM] |
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ORDER: Plaintiff-appellant Jordan M. Rice has filed a notice asserting the only case defendants are Ryan Resendes, Chris Pacheco, and Jason Badger. Construing the notice as a motion to amend the caption, and upon review of the record in this case, the motion is denied. See Fed. R. App. P. 12(a) (stating that "the circuit clerk must docket the appeal under the title of the district court action"). [23-1433] (CMP) [Entered: 06/27/2023 03:28 PM]
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| PLEADING tendered: Transcript Report Order Form filed by Appellant Jordan M. Rice. Served on 6/20/23. [23-1433]. (CMP) [Entered: 06/23/2023 04:01 PM] |
| MOTION for criminal referral with exhibits attached filed by Appellant Jordan M. Rice. Certificate of service was not included. [23-1433]. CLERK'S NOTE: Docket entry was edited to replace an attachment. and edit docket text. (CMP) [Entered: 06/22/2023 01:43 PM] |
| MOTION for appointment of counsel with Declaration, Memorandum of Law and supporting exhibits attached filed by Appellant Jordan M. Rice. Certificate of service was not included. [23-1433] (CMP) [Entered: 06/23/2023 09:31 AM] |
| NOTICE of appearance on behalf of Not Parties Jamie Chapman and Debra Vogt filed by Attorney Lori K. Vaulding. Served on 06/16/2023. [23-1433] CLERK'S NOTE: The signature on the document does not match the name of the ECF filer under whose login and password the document was filed under. Attorney JAMES A. BELLO is directed to file an Appearance Form by June 19, 2023. (LKV) [Entered: 06/16/2023 10:59 AM] |
| NOTICE of appearance on behalf of Not Parties Jamie Chapman and Debra Vogt filed by Attorney James A. Bello. Served on 06/16/2023. [23-1433] (JAB) [Entered: 06/16/2023 03:21 PM] |
| Mail returned as undeliverable to Not Party Blenda A. Rice. Copy of case opening notice entered May 16, 2023. Forwarding address unknown. [23-1433] (ATC) [Entered: 06/06/2023 01:51 PM] |
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ORDER entered. Upon consideration of motion, it is ordered that the time for Appellant Jordan M. Rice to file a transcript report/order form be enlarged to and including June 29, 2023 . [23-1433] (GB) [Entered: 05/25/2023 04:44 PM]
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| NOTICE regarding case parties filed by Appellant Jordan M. Rice. Certificate of service was not included. [23-1433] (CMP) [Entered: 05/25/2023 04:27 PM] |
| MOTION to extend time to file a transcript report/order form filed by Appellant Jordan M. Rice. Certificate of service was not included. [23-1433] (CMP) [Entered: 05/25/2023 01:39 PM] |
| NOTICE allowing request for removal from service list. The following attorney has been removed from the service list for this case: Courtney Colonese for Ryan W. Resendes. [23-1433] (CMP) [Entered: 05/25/2023 10:15 AM] |
| REQUEST for removal from the service list filed by Attorney Courtney Colonese for Appellee Ryan W. Resendes. [23-1433] (CMP) [Entered: 05/25/2023 10:11 AM] |
| NOTICE issued. After 06/05/2023, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Shanan Buckingham for Christopher M. Pacheco, Ryan W. Resendes and Jason Badger and Courtney Colonese for Ryan W. Resendes. [23-1433] (CMP) [Entered: 05/22/2023 08:23 AM] |
| NOTICE allowing request for removal from service list. The following attorney has been removed from the service list for this case: Shanan Buckingham for Christopher M. Pacheco, Ryan W. Resendes and Jason Badger. [23-1433] (CMP) [Entered: 05/22/2023 08:30 AM] |
| REQUEST for removal from the service list filed by Attorney Shanan Buckingham for Appellees Christopher M. Pacheco, Ryan W. Resendes and Not Party Jason Badger. [23-1433] (CMP) [Entered: 05/22/2023 08:29 AM] |
| ELECTRONIC SUPPLEMENTAL record filed consisting of district court docket entry nos. 412 (Motion for appointment of counsel), 421 Order denying Motion for IFP (as already granted), denying Motion for appointment of counsel, granting Motion for waiver of transcription fees. [23-1433] (CMP) [Entered: 05/19/2023 09:49 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #410) filed by Appellant Jordan M. Rice. Fee due 05/30/2023. Transcript Report/Order form due 05/30/2023. [23-1433]. (CMP) [Entered: 05/16/2023 01:45 PM] |
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