Martinez v. Murillo, et al
| JOSHUA LUIS MARTINEZ |
| AUDREY MURILLO, in the official capacity, KAREN VIDAL, individually and in the official capacity, REBECCA MACKOWIAK, individually and in the official capacity, JEFFREY K. MALMBERG, individually and in the official capacity and MA DEPARTMENT OF CHILDREN AND FAMILIES |
| 26-1386 |
| April 14, 2026 |
| U.S. Court of Appeals, First Circuit |
| Other Civil Rights |
Docket Report
This docket was last retrieved on June 8, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| PLEADING tendered: Supplemental Reply Brief filed by Appellant Joshua Luis Martinez. Number of copies: 1. [26-1386] (NP) [Entered: 06/09/2026 05:00 PM] |
| CASE submitted. Panel: Gustavo A. Gelpi, Jr., Appellate Judge; Lara E. Montecalvo, Appellate Judge; Joshua D. Dunlap, Appellate Judge. [26-1386] (DJT) [Entered: 05/29/2026 01:43 PM] |
ORDER entered by Lara E. Montecalvo, Appellate Judge: Appellant's Corrected Motion to Amend Notice, Correct Prior Filing, Add Two Defendants, and Accept First Amended Complaint into the Record is denied. Appellant's Emergency Motion to Supplement the Record and for Judicial Notice is denied. See United States v. Rivera-Rosario , 300 F.3d 1, 9 (1st Cir. 2002) (quoting Belber v. Lipson , 905 F.2d 549, 551 n.1 (1st Cir. 1990)). Appellant is advised that the filing of repetitive motions and notices will only delay adjudication of the appeal. Such filings are strongly discouraged. [26-1386] (AVN) [Entered: 05/28/2026 04:04 PM]
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| AFFIDAVIT in support of motion to supplement the record and for judicial notice [ # 6812328-4 ] filed by Appellant Joshua Luis Martinez. Served on 05/26/2026. [26-1386] CLERK'S NOTE: Docket entry was edited to modify the docket text. (JLM) [Entered: 05/26/2026 11:17 AM] |
| CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellant Joshua Luis Martinez. Served on 05/26/2026. [26-1386] (JLM) [Entered: 05/26/2026 10:43 AM] |
| EMERGENCY MOTION to supplement the record and for judicial notice of ongoing medical neglect, jurisdictional nullity, ex parte evidence, and systemic fraud on the court filed by Appellant Joshua Luis Martinez. Served on 05/26/2026. [26-1386] CLERK'S NOTE: Docket entry was edited to modify the docket text. (JLM) [Entered: 05/26/2026 10:21 AM] |
| CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellant Joshua Luis Martinez. Served on 05/12/2026. [26-1386] CLERK'S NOTE: Electronic access to document containing one or more personal identifiers was restricted by clerk's office. (JLM) [Entered: 05/12/2026 03:46 PM] |
ORDER entered by Gustavo A. Gelpi, Jr., Appellate Judge; Lara E. Montecalvo, Appellate Judge and Joshua D. Dunlap, Appellate Judge: Appellant's Motions for Injunction Pending Appeal and to stay trial are denied as appellant has not demonstrated a strong likelihood of success on the merits. See Respect Maine PAC v. McKee , 622 F.3d 13, 15 (1st Cir. 2010) (order). His motion requesting release of the subject child from DCF custody is likewise denied. Id . [26-1386] (AL) [Entered: 05/12/2026 08:25 AM]
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| CORRECTED MOTION to amend notice filed by Appellant Joshua Luis Martinez. Served on 05/12/2026. [26-1386] CLERK'S NOTE: Docket entry was edited to modify the docket text. (JLM) [Entered: 05/12/2026 12:15 AM] |
| BRIEF tendered by Appellant Joshua Luis Martinez. Served on 05/11/2026. [26-1386] CLERK'S NOTE: Docket entry was edited to modify the docket text. (JLM) [Entered: 05/11/2026 03:50 AM] |
| SECOND EMERGENCY NOTICE and supplement filed by Appellant Joshua Luis Martinez. Served on 05/11/2026. [26-1386] CLERK'S NOTE: Docket entry was edited to modify the docket text. (JLM) [Entered: 05/11/2026 09:32 PM] |
| NOTICE as it relates to Plaintiff-Appellant Joshua Luis Martinezs Motion Requesting Release of Child from DCF Custody and Emergency Motion for Injunction Pending Appeal (filed May 7, 2026). filed by Appellees MA Department of Children and Families, Audrey Murillo, Karen Vidal, Rebecca Mackowiak and Jeffrey K. Malmberg. Served on 05/11/2026. [26-1386] (JDH) [Entered: 05/11/2026 10:38 AM] |
| AMENDED MOTION to amend record on appeal [ # 6808377-2 ], to certify question of law filed by Appellant Joshua Luis Martinez. Served on 05/11/2026. [26-1386] CLERK'S NOTE: The wrong PDF file was attached. (filing captioned for the district court.) [26-1386] (JLM) [Entered: 05/11/2026 03:18 AM] |
| MOTION to stay trial filed by Appellant Joshua Luis Martinez. Served on 05/08/2026. [26-1386] CLERK'S NOTE: The ECF filer did not select the option that best describes the document. Correction made by clerk's office. No further action required. (JLM) [Entered: 05/08/2026 05:20 PM] |
| EMERGENCY MOTION for injunction pending appeal filed by Appellant Joshua Luis Martinez. Served on 05/07/2026. [26-1386] CLERK'S NOTE: Docket entry was edited to modify the docket text. (JLM) [Entered: 05/07/2026 07:46 PM] |
| MOTION Requesting Release of Child from DCF Custody filed by Appellant Joshua Luis Martinez. Served on 05/07/2026. [26-1386] CLERK'S NOTE: Docket entry was edited to modify the docket text and electronic access to document containing one or more personal identifiers was restricted by clerk's office. (JLM) [Entered: 05/07/2026 07:27 PM] |
| NOTICE that a brief will not be filed by Appellees MA Department of Children and Families, Rebecca Mackowiak, Jeffrey K. Malmberg, Audrey Murillo and Karen Vidal. Served on 04/30/2026. [26-1386] (AVN) [Entered: 05/04/2026 03:24 PM] |
| APPENDIX tendered by Appellant Joshua Luis Martinez. [26-1386] CLERK'S NOTE: Electronic access to document containing one or more personal identifiers was restricted by clerk's office. (JLM) [Entered: 04/29/2026 08:30 PM] |
| AFFIDAVIT in support of electronically filed brief [ # 6805667-2 ] filed by Appellant Joshua Luis Martinez. Served on 04/29/2026. [26-1386] CLERK'S NOTE: Electronic access to document containing one or more personal identifiers was restricted by clerk's office. (JLM) [Entered: 04/29/2026 03:56 PM] |
| BRIEF tendered by Appellant Joshua Luis Martinez. [26-1386] CLERK'S NOTE: Electronic access to document containing one or more personal identifiers was restricted by clerk's office. (JLM) [Entered: 04/29/2026 03:46 PM] |
ORDER entered by Joshua D. Dunlap, Appellate Judge: Appellant's emergency motion to expedite appeal is denied. While a briefing schedule has entered in the ordinary course, appellant may file his brief as soon as he wishes, after which a briefing deadline will issue as to defendants-appellees. Because the filing contains the minor child's date of birth, it is hereby ordered sealed. [26-1386] (AL) [Entered: 04/21/2026 06:28 PM]
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| SEALED EMERGENCY MOTION to expedite appeal filed by Appellant Joshua Luis Martinez. Served on 04/15/2026. CLERK'S NOTE: Electronic access to document containing one or more personal identifiers was restricted by clerk's office. [26-1386]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (AVN) [Entered: 04/17/2026 04:17 PM] |
| BRIEFING schedule set. Brief due 05/26/2026 for appellant Joshua Luis Martinez. Pursuant to F.R.A.P. 31(a), appellees' brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellees' brief. [26-1386] (AVN) [Entered: 04/16/2026 01:16 PM] |
| Request to proceed in forma pauperis on appeal filed by Appellant Joshua Luis Martinez was granted in the district court by order dated 04/09/2026. [26-1386] (AVN) [Entered: 04/14/2026 09:04 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #48) filed by Appellant Joshua Luis Martinez. [26-1386] (AVN) [Entered: 04/14/2026 08:59 AM] |
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ORDER entered by Lara E. Montecalvo, Appellate Judge: Appellant's Corrected Motion to Amend Notice, Correct Prior Filing, Add Two Defendants, and Accept First Amended Complaint into the Record is denied. Appellant's Emergency Motion to Supplement the Record and for Judicial Notice is denied. See United States v. Rivera-Rosario , 300 F.3d 1, 9 (1st Cir. 2002) (quoting Belber v. Lipson , 905 F.2d 549, 551 n.1 (1st Cir. 1990)). Appellant is advised that the filing of repetitive motions and notices will only delay adjudication of the appeal. Such filings are strongly discouraged. [26-1386] (AVN) [Entered: 05/28/2026 04:04 PM]