THOMAS v. SPAULDING et al
| DEREK THOMAS |
| COREY POINTER, STEPHEN SPAULDING, JOSLYN, ERIN CONNER, JOHN DOE #4, R.N. M. WORTHINGTON, JAIME BAKER, JACQUELINE CARMICHAEL, MR. TAYLOR, DANIEL QUIST, PAUL ANDERSON, RUZE, OFFICER COOK, JOHN DOE #3, SCOTT MURRAY, KIMO ELRAHED, GABRIEL DEZAYAS, C NORRIS, JOHN DOE #1, K FRICKER, MORLEY, JESSIE BELL and JOHN DOE #2 |
| 2:2021cv00160 |
| March 30, 2021 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Doris L Pryor |
| James R Sweeney |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on May 5, 2021. A more recent docket listing may be available from PACER.
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Filing 135
Order on Plaintiff's Motions for Assistance - The motions for assistance, dkts. #131 and 132 , are granted in part and denied in part consistent with this Order. Defendants Jamie Baker, J.R. Bell, Jacqueline Carmichael, Erin Conner, Gabriel DeZayas, Tracy Joslyn, Christina Morley, Karl Norris, Corey Pointer and Matthew Worthington is granted. The plaintiff shall have through June 3, 2021, to file an amended complaint. The clerk is directed to send the plaintiff a motion for assistance recruiting counsel form, which he must use if he chooses to renew his motion. SEE ORDER. Copy sent to parties via US Mail. Signed by Judge James R. Sweeney II on 5/5/2021. (Attachments: #1 Motion for Assistance with Recruiting Counsel Form) (JRB)
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Filing 134
ORDER Directing Monthly Payments be made from Prison Account of DEREK THOMAS - The plaintiff's request to proceed in forma pauperis was granted through the assessment of an initial partial filing fee. That sum has been paid. However, plaintiff is still obligated to pay the remainder of the three hundred and fifty dollars ($350.00) filing fee pursuant to the statutory formula set forth. Copy sent to parties via US Mail. Signed by Judge James R. Sweeney II on 5/5/2021.(JRB)
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| Filing 133 MOTION to Appoint Counsel and Court Assistance, filed by Plaintiff DEREK THOMAS. (Attachments: #1 Envelope)(AAS) |
| Filing 132 RECEIPT #IP073745 for initial partial filing fee in the amount of $39.83, paid by Plaintiff. (REO) |
| Filing 131 MOTION to Appoint Counsel and Court Assistance, filed by Plaintiff DEREK THOMAS. (Attachments: #1 Envelope)(AAS) |
| Filing 130 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. Copy distributed to Plaintiff via US mail. (TMC) |
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Filing 129
ORDER RULING ON PENDING MOTIONS AND DIRECTING FURTHER PROCEEDINGS ON TRANSFERRED CLAIMS - The claims proceeding in this action were necessarily severed from the original action. The original action remains pending in the District of Massachusetts against defendants Stephen Spaulding, Dave Taylor, Daniel Quist, Scott Murray, Kimo Elraheb, Patricia Ruze, Kelly Fricker, Paul Anderson, and the John Doe Defendants. The clerk is directed to terminate defendants Stephen Spaulding, Dave Taylor, Daniel Quist, Scott Murray, Kimo Elraheb, Patricia Ruze, Kelly Fricker, Paul Anderson, and the John Doe Defendants on the docket in this newly opened case. The motion to dismiss for failure to state a claim filed by the terminated defendants, dkt. #85 , is denied without prejudice in so far as it is pending in this case, 2:21-cv-160-JRS-DLP. Thomas shall have through April 30, 2021, to file his amended complaint. The clerk is directed to include a prisoner civil rights complaint form along with Thomas's copy of this Order. Thomas shall have through April 30, 2021, in which to pay this sum to the clerk of the district court. The motion to dismiss filed by the defendants named in this new action on July 23, 2020, dkt #83 , is denied as moot given the filing of the amended motion to dismiss on September 22, 2020. The amended motion to dismiss plaintiff's complaint and/or for a more definite statement filed on September 22, 2020, dkt #105 , is summarily denied without prejudice. Counsel for defendants is required to file an appearance and register to use the ECF system consistent with Local Rules 5-3 and 83-7. In the alternative, he may arrange for the substitution of counsel. Distributed pursuant to distribution list. Signed by Judge James R. Sweeney II on 3/31/2021. (Attachments: #1 Complaint Form) (KAA)
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| Filing 128 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JDC) |
| Filing 127 Case transferred in from District of Massachusetts; Case Number 1:19-cv-11982. Original file copy of transfer order and docket sheet received. |
| Filing 126 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: FINDING as moot #124 Motion for Extension of Time. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 125 Judge Nathaniel M. Gorton: MEMORANDUM and ORDER entered. ORDER ON REPORT AND RECOMMENDATIONS: For the foregoing reasons,a) the Foreign Defendant' objection to the Report and Recommendation ("R&R") (Docket No. #122 ) is, with respect to the request for transfer, SUSTAINED, but otherwise OVERRULED;b) the Clerk of Court is directed 1) to SEND forthwith another copy of the R&R to the pro se plaintiff and 2) to TRANSFER all claims against defendants Jamie Baker, J.R. Bell, Jacqueline Carmichael, Erin Conner, Gabriel DeZayas, Tracy Joslyn, Christina Morley, Karl Norris, Corey Pointer and Matthew Worthington to the United States District Court for the Southern District of Indiana for assignment to a judge of that court to consider their motions to dismiss the complaint (Docket Nos. #83 and #105 );c)the Court will DEFER consideration of the motion to dismiss of the defendants Stephen Spaulding, Dave Taylor, Daniel Quist, Scott Murray, Kimo Elraheb, Patricia Ruze, Kelly Fricker and Paul Anderson (the Massachusetts Defendants) (Docket No. #85 ) until Friday, April 30, 2021, on or before which plaintiff shall file his objection to the R&R, if any; andd) the R&R (Docket No. #120 ) is otherwise ACCEPTED and ADOPTED. So ordered. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 124 MOTION for Extension of Time to Respond to Report and Recommendation and 30 day Extension of Time to Respond to the Defendant's Objection by Derek Thomas.(Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 123 Letter/request (non-motion) from Derek Thomas. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 122 OBJECTION to #120 Report and Recommendations filed by Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Gabriel Dezayas, Joslyn, Morley, C Norris, Corey Pointer, M Worthington. (Attachments: #1 Exhibit A)(Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 121 Copy re #120 REPORT AND RECOMMENDATIONS re #83 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Insufficient Service of Process filed by M Worthington, Jacqueline Carmichael, Morley, Gabriel Dezayas, Corey Pointer, Jaime B mailed to Derek Thomas, #08564-082. DEVENS FEDERAL MEDICAL CENTER, Inmate Mail/Parcels, P.O. BOX 879, AYER, MA 01432 on 3/3/2021. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 120 Magistrate Judge Katherine A. Robertson: ORDER entered. REPORT AND RECOMMENDATIONS re #83 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Insufficient Service of Process filed by M Worthington, Jacqueline Carmichael, Morley, Gabriel Dezayas, Corey Pointer, Jaime Baker, Jessie Bell, C Norris, Joslyn, Erin Conner, #85 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stephen Spaulding, Ruze, Daniel Quist, Scott Murray, Paul Anderson, K Fricker, Kimo Elrahed, Taylor, #95 MOTION for Leave to File filed by Derek Thomas, #105 Amended MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Insufficient Service of Process MOTION for More Definite Statement (Leave to File Granted Sept.. 21, 2020) filed by M Worthington, Jacqueline Carmichael, Morley, Gabriel Dezayas, Corey Pointer, Jaime Baker, Jessie Bell, C Norris, Erin Conner, Joslyn, #78 MOTION for More Definite Statement filed by Stephen Spaulding, Ruze, Jacqueline Carmichael, Scott Murray, Gabriel Dezayas, Kimo Elrahed, Jessie Bell, C Norris, Erin Conner, M Worthington, Cook, Daniel Quist, Paul Anderson, Morley, K Fricker, Corey Pointer, Taylor, Jaime Baker, Joslyn Recommendation: (1) Grant Plaintiffs Motion for Leave to File an Amended Complaint (Dkt. No. 95); (2) Deny Defendants Rule 12(e) Motion for a More Definite Statement (Dkt. No. 78); (3) Deny Defendants Corey Pointer, Christina Morley, Erin Conner, J.R. Bell, Tracy Joslyn, Matthew Worthington, Jacqueline Carmichael, Karl Norris, Jamie Baker, and Gabriel DeZayas Motion to Dismiss Plaintiffs Complaint (Dkt. No. 83) based on the raise or waive rule. If, however, the court declines to find waiver of the Rule 12(b)(2) and 12(b)(5) defenses in these circumstances, I recommend that the District Court grant the defendants motion without prejudice based on lack of personal jurisdiction and insufficient service of process; 4) Find as Moot Defendants Jamie Baker, J.R. Bell, Jacqueline Carmichael, Erin Conner, Gabriel DeZayas, Tracy Joslyn, Christina Morely, Karl Norris, Corey Pointer, and Matthew Worthingtons Amended Motion to Dismiss Pursuant to Rules 12(b)(2) and 12(b)(5) and/or for a More Definite Statement (Dkt. No. 105) in light of the Courts ruling on the Foreign Defendants Motion at Docket Number 83; (5) Grant Defendant Stephen Spaulding, Dave Taylor, Daniel Quist, Scott Murray, Kimo Elraheb, Patricia Ruze, Kelly Fricker, and Paul Andersons Motion to Dismiss Plaintiffs Complaint (Dkt. No. 85). 6) Consider transferring the claims against the Foreign Defendants to the Southern District of Indiana pursuant to 28 U.S.C. 1404(a). Objections to R&R due by 3/17/2021(Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 119 Copy re 118 Order on Motion to Appoint Counsel mailed to Derek Thomas on 1/28/2021. (Rivera, Melissa) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 118 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered denying without prejudice #109 plaintiff Derek A. Thomas's Motion to Appoint Counsel. "A civil plaintiff does not have a constitutional right to free counsel." Kelsey v. Lubelczyk, C.A. No. 12-10029-MLW, 2012 WL 4469178, at *2 (D. Mass. Sept. 25, 2012) (citing Desrosiers v. Moran, 949 F.2d 15, 23 (1st Cir. 1991)). To qualify for appointment of counsel in a civil case, in addition to establishing indigency, a requirement that Mr. Thomas can meet, a party must demonstrate exceptional circumstances such that denial of counsel would result in fundamental unfairness impinging on a party's due process rights. See id. "At this time, the court finds no such exceptional circumstances." Id. If the case survives the pending motions to dismiss, this request may warrant reevaluation. It is so ordered. (Robertson, Katherine) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 117 Letter/request (non-motion) from Derek Thomas. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 116 DOCKET SHEET sent to Derek Thomas (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 115 Letter/request (non-motion) from Derek Thomas. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 114 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Katherine A. Robertson Referred for: Report and Recommendations (rr). Motions referred: #105 Amended MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Insufficient Service of Process MOTION for More Definite Statement (Leave to File Granted Sept.. 21, 2020). (Lima, Christine) Motions referred to Katherine A. Robertson. [Transferred from Massachusetts on 3/30/2021.] |
| Filing 113 Opposition re #105 Amended MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Insufficient Service of Process MOTION for More Definite Statement (Leave to File Granted Sept.. 21, 2020), #78 MOTION for More Definite Statement filed by Derek Thomas. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 112 Letter/request (non-motion) from Derek Thomas. (Attachments: #1 Cover letter)(Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 111 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: REFERRING MOTION #109 MOTION to Appoint Counsel filed by Derek Thomas to Magistrate Judge Robertson(Vieira, Leonardo) Motion referred to Katherine A. Robertson. [Transferred from Massachusetts on 3/30/2021.] |
| Filing 110 MEMORANDUM in Support re #109 MOTION to Appoint Counsel filed by Derek Thomas. (Attachments: #1 Affidavit Derek Thomas)(Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 109 MOTION to Appoint Counsel by Derek Thomas filed.(Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 108 REPLY to Response to #85 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Leave to File Granted Sept. 21, 2020) filed by Paul Anderson, Kimo Elrahed, K Fricker, Scott Murray, Daniel Quist, Ruze, Stephen Spaulding, Taylor. (Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 107 REPLY to Response to #83 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Insufficient Service of Process (Leave to File Granted Sept. 21, 2020) filed by Jessie Bell, Jacqueline Carmichael, Erin Conner, Gabriel Dezayas, Joslyn, Morley, C Norris, Corey Pointer, M Worthington. (Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 106 Amended MEMORANDUM in Support re #105 Amended MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Insufficient Service of Process MOTION for More Definite Statement (Leave to File Granted Sept.. 21, 2020) filed by Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Gabriel Dezayas, Joslyn, Morley, C Norris, Corey Pointer, M Worthington. (Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 105 Amended MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Insufficient Service of Process, MOTION for More Definite Statement (Leave to File Granted Sept.. 21, 2020) by Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Gabriel Dezayas, Joslyn, Morley, C Norris, Corey Pointer, M Worthington.(Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 104 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Paul Anderson, Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Gabriel Dezayas, Kimo Elrahed, K Fricker, Joslyn, Morley, Scott Murray, C Norris, Corey Pointer, Daniel Quist, Ruze, Stephen Spaulding, Taylor, M Worthington (Amended) as to ECF Nos. 100, 101, and 102. (Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 103 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting the Government's #100 Motion for Leave to File a Reply Memorandum re: their Motion to Dismiss - doc. #83 . Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; granting #101 Motion for Leave to File Amended Rule 12 Motion. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. granting #102 Motion for Leave to File a Reply Memorandum to their Motion to Dismiss - doc. #85 . Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 102 MOTION for Leave to File Reply in Support of Motion to Dismiss by Paul Anderson, Kimo Elrahed, K Fricker, Scott Murray, Daniel Quist, Ruze, Stephen Spaulding, Taylor. (Attachments: #1 Exhibit A - Proposed Reply)(Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 101 MOTION for Leave to File Amended Rule 12 Motion by Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Gabriel Dezayas, Joslyn, Morley, C Norris, Corey Pointer, M Worthington. (Attachments: #1 Exhibit A - Proposed Amended Motion and Memorandum)(Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 100 MOTION for Leave to File Reply by Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Gabriel Dezayas, Joslyn, Morley, C Norris, Corey Pointer, M Worthington. (Attachments: #1 Exhibit A - Proposed Reply)(Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 99 Opposition re #85 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Derek Thomas. (Attachments: #1 Exhibit)(Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 98 RESPONSE to Motion re #83 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Insufficient Service of Process filed by Derek Thomas. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 97 Opposition re #95 MOTION for Leave to File filed by Paul Anderson, Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Gabriel Dezayas, Kimo Elrahed, K Fricker, Joslyn, Morley, Scott Murray, C Norris, Corey Pointer, Daniel Quist, Ruze, Stephen Spaulding, Taylor, M Worthington. (Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 96 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: REFERRING MOTION #83 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Insufficient Service of Process filed by M Worthington, Jacqueline Carmichael, Morley, Gabriel Dezayas, Corey Pointer, Jaime Baker, Jessie Bell, C Norris, Joslyn, Erin Conner, #85 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stephen Spaulding, Ruze, Daniel Quist, Scott Murray, Paul Anderson, K Fricker, Kimo Elrahed, Taylor, #95 MOTION for Leave to File filed by Derek Thomas, #78 MOTION for More Definite Statement filed by Stephen Spaulding, Ruze, Jacqueline Carmichael, Scott Murray, Gabriel Dezayas, Kimo Elrahed, Jessie Bell, C Norris, Erin Conner, M Worthington, Cook, Daniel Quist, Paul Anderson, Morley, K Fricker, Corey Pointer, Taylor, Jaime Baker, Joslyn to Magistrate Judge Robertson(Vieira, Leonardo) Motions referred to Katherine A. Robertson. [Transferred from Massachusetts on 3/30/2021.] |
| Filing 95 MOTION for Leave to File an Amended Complaint by Derek Thomas. (Attachments: #1 Amended Complaint)(Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 94 Letter/request (non-motion) from Derek Thomas. (Attachments: #1 Exhibit)(Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 93 ELECTRONIC NOTICE issued requesting courtesy copy for #82 Status Report. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lima, Christine) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 92 Set Deadlines as to #81 Opposition, #83 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Insufficient Service of Process and #86 Memorandum in Support. Responses due by 9/10/2020 (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 91 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: ALLOWING in part and DENYING in part #90 Motion for Extension of Time. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 90 MOTION for Extension of Time to Respond to Docket Entries #81 , #83 and #86 by Derek Thomas (Attachments: #1 Exhibit)(Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 89 Response by Derek Thomas to #82 Status Report. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 88 Judge Nathaniel M. Gorton: ORDER entered: Finding as Moot #80 Motion for Extension of Time to Answer re #1 Complaint. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 87 Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: For the foregoing reasons, the motion of Derek Thomas for a preliminary injunction (Docket No. #17 ) is DENIED.So ordered.(Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 86 MEMORANDUM in Support re #85 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Paul Anderson, Kimo Elrahed, K Fricker, Scott Murray, Daniel Quist, Ruze, Stephen Spaulding, Taylor. (Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 85 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Paul Anderson, Kimo Elrahed, K Fricker, Scott Murray, Daniel Quist, Ruze, Stephen Spaulding, Taylor.(Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 84 MEMORANDUM in Support re #83 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Insufficient Service of Process filed by Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Gabriel Dezayas, Joslyn, Morley, C Norris, Corey Pointer, M Worthington. (Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 83 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Insufficient Service of Process ( Responses due by 8/6/2020) by Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Gabriel Dezayas, Joslyn, Morley, C Norris, Corey Pointer, M Worthington.(Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 82 STATUS REPORT Regarding the Handling and Delivery of Plaintiff's Mail by Stephen Spaulding. (Attachments: #1 Exhibit 1 - Declaration of Amber Bourke, Case Management Coordinator)(Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 81 Opposition re #17 MOTION for Preliminary Injunction filed by Paul Anderson, Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Gabriel Dezayas, Kimo Elrahed, K Fricker, Joslyn, Morley, Scott Murray, C Norris, Corey Pointer, Daniel Quist, Ruze, Stephen Spaulding, Taylor, M Worthington. (Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 80 MOTION for Extension of Time to File Answer re #1 Complaint by Paul Anderson, Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Cook, Gabriel Dezayas, Kimo Elrahed, K Fricker, Joslyn, Morley, Scott Murray, C Norris, Corey Pointer, Daniel Quist, Ruze, Stephen Spaulding, Taylor, M Worthington.(Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 79 MEMORANDUM in Support re #78 MOTION for More Definite Statement filed by Paul Anderson, Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Cook, Gabriel Dezayas, Kimo Elrahed, K Fricker, Joslyn, Morley, Scott Murray, C Norris, Corey Pointer, Daniel Quist, Ruze, Stephen Spaulding, Taylor, M Worthington. (Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 78 MOTION for More Definite Statement by Paul Anderson, Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Cook, Gabriel Dezayas, Kimo Elrahed, K Fricker, Joslyn, Morley, Scott Murray, C Norris, Corey Pointer, Daniel Quist, Ruze, Stephen Spaulding, Taylor, M Worthington.(Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 77 Letter/request for documents #68 and #74 from Derek Thomas. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 76 Reset Deadlines: Paul Anderson 7/23/2020; Jaime Baker 7/23/2020; Jessie Bell 7/23/2020; Jacqueline Carmichael 7/23/2020; Erin Conner 7/23/2020; Gabriel Dezayas 7/23/2020; Kimo Elrahed 7/23/2020; K Fricker 7/23/2020; Joslyn 7/23/2020; Morley 7/23/2020; Scott Murray 7/23/2020; C Norris 7/23/2020; Corey Pointer 7/23/2020; Daniel Quist 7/23/2020; Ruze 7/23/2020; Stephen Spaulding 7/23/2020; Taylor 7/23/2020; M Worthington 7/23/2020. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 75 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: ALLOWING in part and DENYING in part #74 Motion for Extension of Time to Answer re #1 Complaint ; ALLOWING in part and DENYING in part #74 Motion for Extension of Time to File Response/Reply re #1 Complaint, #17 MOTION for Preliminary Injunction. Responses due by 7/23/2020. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 74 MOTION for Extension of Time to August 11, 2020 to File Answer re #1 Complaint , MOTION for Extension of Time to August 11, 2020 to File Response/Reply as to #23 Letter/request (non-motion), #17 MOTION for Preliminary Injunction, #63 Letter/request (non-motion), #60 Letter/request (non-motion), #22 Letter/request (non-motion), #70 Letter/request (non-motion), #30 Letter/request (non-motion), #53 Letter/request (non-motion), #57 Letter/request (non-motion), #29 Letter/request (non-motion), #67 Letter/request (non-motion) ( Responses due by 6/19/2020) by Paul Anderson, Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Gabriel Dezayas, Kimo Elrahed, K Fricker, Joslyn, Morley, Scott Murray, C Norris, Corey Pointer, Daniel Quist, Ruze, Stephen Spaulding, Taylor, M Worthington.(Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 73 NOTICE of Appearance by Christopher L. Morgan on behalf of Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Gabriel Dezayas, Joslyn, Morley, C Norris, Corey Pointer, M Worthington (Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 72 NOTICE of Appearance by Christopher L. Morgan on behalf of Paul Anderson, Kimo Elrahed, K Fricker, Scott Murray, Daniel Quist, Ruze, Stephen Spaulding, Taylor (Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 71 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. The Court is in receipt of many letters from plaintiff Derek Thomas, (ECF Nos. 22, 23, 29, 30, 53, 57, 60, 63, 67 and 70) which allege issues with, among other things, delivery and handling of mail. While the Court takes no position as to the allegations, it is hereby ordered that defendant Stephen Spaulding shall, by June 11, 2020 file a brief status report with respect to Thomas allegations concerning delivery and handling of his mail. Spaulding and the other served defendants shall respond to the Motion for Preliminary Injunction (ECF No. 17) by June 11, 2020.(PSSA, 5) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 70 Letter/request (non-motion) from Derek Thomas. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 69 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered : ALLOWING #68 Motion for Extension of Time to Answer re #1 Complaint All Defendants. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 68 MOTION for Extension of Time to June 11, 2020 to File Answer by Paul Anderson, Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Cook, Gabriel Dezayas, Kimo Elrahed, K Fricker, John Doe 1, John Doe 2, John Doe 3, John Doe 4, Joslyn, Morley, Scott Murray, C Norris, Corey Pointer, Daniel Quist, Ruze, Stephen Spaulding, Taylor, M Worthington.(Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 67 Letter/request (non-motion) from Derek Thomas. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 66 Copy re 65 Order on Motion for Extension of Time, 64 Order on Motion for Extension of Time to Answer,,, mailed to Derek Thomas, #08564-082,DEVENS FEDERAL MEDICAL CENTER, Inmate Mail/Parcels, P.O. BOX 879, AYER, MA 01432 on 2/26/2020. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 65 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting the Petitioner/Plaintiff's #58 Motion for Extension of Time to 3/16/2020, the time for the Petitioner/Plaintiff to complete service on the Defendants; cc/Plaintiff. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 64 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting he Defendant's #59 Motion for Extension of Time to Answer re #1 Complaint. Paul Anderson answer due 4/11/2020; Jaime Baker answer due 4/11/2020; Jessie Bell answer due 4/11/2020; Jacqueline Carmichael answer due 4/11/2020; Erin Conner answer due 4/11/2020; Cook answer due 4/11/2020; Gabriel Dezayas answer due 4/11/2020; Kimo Elrahed answer due 4/11/2020; K Fricker answer due 4/11/2020; John Doe 1 answer due 4/11/2020; John Doe 2 answer due 4/11/2020; John Doe 3 answer due 4/11/2020; John Doe 4 answer due 4/11/2020; Joslyn answer due 4/11/2020; Morley answer due 4/11/2020; Scott Murray answer due 4/11/2020; C Norris answer due 4/11/2020; Corey Pointer answer due 4/11/2020; Daniel Quist answer due 4/11/2020; Ruze answer due 4/11/2020; Stephen Spaulding answer due 4/11/2020; Taylor answer due 4/11/2020; M Worthington answer due 4/11/2020; cc/Plaintiff. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 63 Letter/request (non-motion) from Derek Thomas re: ability to procecute case and more infrmation about filings to the Court and who is opposing counsel - if any.. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 62 Copy re 61 Order Referring Motion,, mailed to Derek Thomas on 1/28/20. (Lima, Christine) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 61 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. REFERRING MOTION #58 MOTION for Extension of Time to for an addiitonal sixty (60) days to serve the other Defendants filed by Derek Thomas, #59 MOTION for Extension of Time to April 11, 2020 to File Answer filed by Stephen Spaulding, John Doe 2, Ruze, John Doe 3, Jacqueline Carmichael, Scott Murray, Gabriel Dezayas, Kimo Elrahed, Jessie Bell, C Norris, Erin Conner, M Worthington, Cook, Daniel Quist, Morley, Paul Anderson, K Fricker, Corey Pointer, John Doe 4, Taylor, Jaime Baker, Joslyn, John Doe 1 to Magistrate Judge Robertson(Lima, Christine) Motions referred to Katherine A. Robertson. [Transferred from Massachusetts on 3/30/2021.] |
| Filing 60 Letter/request (non-motion) from Derek Thomasa re: discovery violations. (Attachments: #1 Exhibit A)(Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 59 MOTION for Extension of Time to April 11, 2020 to File Answer by Paul Anderson, Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Cook, Gabriel Dezayas, Kimo Elrahed, K Fricker, John Doe 1, John Doe 2, John Doe 3, John Doe 4, Joslyn, Morley, Scott Murray, C Norris, Corey Pointer, Daniel Quist, Ruze, Stephen Spaulding, Taylor, M Worthington.(Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 58 MOTION for Extension of Time of an addiitonal sixty (60) days to serve the other/remaining Defendants by Derek Thomas. (Attachments: #1 Exhibit A)(Finn, Mary) Modified on 1/14/2020 to add the word - remaining - to the text. (Finn, Mary). [Transferred from Massachusetts on 3/30/2021.] |
| Filing 57 Letter/request (non-motion) from Derek Thomas. (Attachments: #1 Exhibit) (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 56 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered denying without prejudice 55] motion for an Extension of Time for Defendants to Respond to Complaint. The defendants may request a reasonable extension of time to a date certain for the defendants to respond to the complaint. It is so ordered. (Robertson, Katherine) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 55 MOTION for Extension of Time to File Answer re #1 Complaint by Paul Anderson, Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Cook, Gabriel Dezayas, Kimo Elrahed, K Fricker, John Doe 1, John Doe 2, John Doe 3, John Doe 4, Joslyn, Morley, Scott Murray, C Norris, Corey Pointer, Daniel Quist, Ruze, Stephen Spaulding, Taylor, M Worthington.(Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 54 NOTICE of Appearance by Christopher L. Morgan on behalf of Paul Anderson, Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Cook, Gabriel Dezayas, Kimo Elrahed, K Fricker, John Doe 1, John Doe 2, John Doe 3, John Doe 4, Joslyn, Morley, Scott Murray, C Norris, Corey Pointer, Daniel Quist, Ruze, Stephen Spaulding, Taylor, M Worthington (Morgan, Christopher) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 53 Letter/request (non-motion) from Derek Thomas. (Attachments: #1 Exhibit)(Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 51 SUMMONS Returned Executed M Worthington served on 12/13/2019, answer due 1/3/2020. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 50 SUMMONS Returned Executed Jacqueline Carmichael served on 12/13/2019, answer due 1/3/2020. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 49 SUMMONS Returned Executed C Norris served on 12/13/2019, answer due 1/3/2020. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 48 SUMMONS Returned Executed Jaime Baker served on 12/13/2019, answer due 1/3/2020. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 47 SUMMONS Returned Executed Corey Pointer served on 12/13/2019, answer due 1/3/2020. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 46 SUMMONS Returned Executed Joslyn served on 12/13/2019, answer due 1/3/2020. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 45 SUMMONS Returned Executed Erin Conner served on 12/13/2019, answer due 1/3/2020. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 44 Reset Deadlines: Gabriel Dezayas 2/7/2020. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 43 WAIVER OF SERVICE Returned Executed by Derek Thomas. Gabriel Dezayas waiver sent on 12/9/2019, answer due 2/7/2020. [Transferred from Massachusetts on 3/30/2021.] |
| Filing 42 Summons Returned Unexecuted by Derek Thomas as to Morley. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 41 WAIVER OF SERVICE Returned Executed by Derek Thomas. Ruze waiver sent on 12/3/2019, answer due 2/3/2020. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 40 WAIVER OF SERVICE Returned Executed by Derek Thomas. Paul Anderson waiver sent on 12/5/2019, answer due 2/3/2020. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 39 WAIVER OF SERVICE Returned Executed by Derek Thomas. Daniel Quist waiver sent on 12/9/2019, answer due 2/7/2020. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 38 WAIVER OF SERVICE Returned Executed by Derek Thomas. Kimo Elrahed waiver sent on 12/5/2019, answer due 2/3/2020. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 37 WAIVER OF SERVICE Returned Executed by Derek Thomas. Stephen Spaulding waiver sent on 11/27/2019, answer due 1/27/2020. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 36 WAIVER OF SERVICE Returned Executed by Derek Thomas. Scott Murray waiver sent on 11/27/2019, answer due 1/27/2020. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 35 WAIVER OF SERVICE Returned Executed by Derek Thomas. Taylor waiver sent on 12/3/2019, answer due 2/3/2020. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 33 Copy re 31 Order on Motion to Appoint Counsel mailed to Derek Thomas, #08564-082, DEVENS FEDERAL MEDICAL CENTER, Inmate Mail/Parcels, P.O. BOX 879, AYER, MA 01432 on 12/10/2019 - LEGAL MAIL. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 32 DOCKET SHEET sent to Derek Thomas. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 31 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered denying without #11 prejudice the petitioner's Motion to Appoint Counsel pending service of the complaint and receipt of the responses thereto. (Robertson, Katherine) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 30 Letter/request (non-motion) from Derek Thomas. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 29 Letter/request (non-motion) from Derek Thomas re: denial to Court Access by Devens Medical Center. (Finn, Mary) Modified on 12/9/2019 to correct a typo. (Finn, Mary). [Transferred from Massachusetts on 3/30/2021.] |
| Filing 28 NOTICE to Plaintiff - by Derek Thomas filed. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 34 US Marshal Process Receipt and Return for Summons Jessie Bell Warden - FCI Terra Haute served Delivered on 11/27/19 (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 27 US Marshal Process Receipt and Return for Summons. Andrew E. Lelling served Delivered on 11/18/19 (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 26 US Marshal Process Receipt and Return for Summons. William Barr served Delivered on 11/14/2019. (Vieira, Leonardo) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 25 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered finding as moot #24 Motion to Appoint Counsel due to being a duplicate of document #11 . (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 24 MOTION to Appoint Counsel by Derek Thomas.(Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 23 Letter/request (non-motion) from Derek Thomas re: inability to prosecute case due to Spaulding's obstructions filed. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 22 Letter/request (non-motion) from Derek Thomas re: failure of facility - Spaulding to forward USMS Marshals Service Forms to him.. (Clerk's Office has sent the Plaintiff these forms on 10/22/2019). (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 21 Copy re 20 Order Referring Case to Magistrate Judge, mailed to Derek Thomas on 11/4/19. (Lima, Christine) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 20 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Katherine A. Robertson Referred for: Events Only (e). Motions referred: #11 MOTION to Appoint Counsel. (Lima, Christine) Motions referred to Katherine A. Robertson. [Transferred from Massachusetts on 3/30/2021.] |
| Filing 19 Copy re 18 Notice of Case Assignment, mailed to Derek Thomas, #08564-082, DEVENS FEDERAL MEDICAL CENTER, Inmate Mail/Parcels, P.O. BOX 879, AYER, MA 01432 on 10/30/2019. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 18 ELECTRONIC NOTICE of Case Re-Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 17 MOTION for Preliminary Injunction by Derek Thomas.(Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 16 Letter/request (non-motion) from Derek Thomas not receiving form requested - USMS Forms.. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 15 Letter/request (non-motion) from Derek Thomas re: USMS Forms, new mail policy by Stephen Spaulding at FMC Devens. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 14 Remark - 19 Blank Marshals Forms forwarded to the Pltf. today - John Does 1 - 4 not to be served - see Order entered on 10/10/2019. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 13 Letter/request (non-motion) from Derek Thomas re: missing Marshals Service Form on package sent on 10/10/2019. (Attachments: #1 Envelope from Derek Thomas with letter attached)(Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 12 Letter/request (non-motion) from Derek Thomas re: requesting Marshals Service Forms - Forms not included in package sent on 10/10/2019. (Attachments: #1 Notice to Inmates)(Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 11 MOTION to Appoint Counsel by Derek Thomas.(Finn, Mary) Modified on 10/21/2019 to correct the filing date. (Finn, Mary). [Transferred from Massachusetts on 3/30/2021.] |
| Filing 10 Copy re #9 Notice (Other) mailed to Derek Thomas, #08564-082, DEVENS FEDERAL MEDICAL CENTER, Inmate Mail/Parcels, P.O. BOX 879, AYER, MA 01432 on 10/10/2019. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 9 NOTICE to Plaintiff re: service on the Defendants and paperwork needed by the Marshals for Service; cc/Pltf. Thomas this date. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 8 Copy re #7 Summons Issued, mailed to Derek Thomas, #08564-082, DEVENS FEDERAL MEDICAL CENTER, Inmate Mail/Parcels P.O. BOX 879, AYER, MA 01432 on 10/10/2019. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 7 Summons Issued as to Paul Anderson, Jaime Baker, Jessie Bell, Jacqueline Carmichael, Erin Conner, Cook, Gabriel Dezayas, Kimo Elrahed, K Fricker, Joslyn, Morley, Scott Murray, C Norris, Corey Pointer, Daniel Quist, Ruze, Taylor Sia, Stephen Spaulding, M Worthington and forwarded to the Plaintiff for Service. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 6 Copy re #4 Order on Motion for Leave to Proceed in forma pauperis,, #5 Notice - re payment of fee (prisoner filer) mailed to Derek A. Thomas, #08564-082 on 10/10/2019. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 5 NOTICE: re payment of fee (prisoner filer) issued to the Treasurer at FMC Devens Medical Center, Treasurer's Department, P.O. Box 879, Devens, MA 10432; cc.Pltf. (Finn, Mary) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 4 Magistrate Judge Katherine A. Robertson: ORDER entered granting #2 Motion for Leave to Proceed in forma pauperis. Pursuant to 28 U.S.C. 1915(b)(1), the Court assesses an initial filing fee of $39.83. The remainder of the fee, $310.17, shall be collected in accordance with 28 U.S.C. 1915(b)(2). The Clerk shall issue summons to all Defendants, except John Doe 1 through 4. Notwithstanding Fed.R.Civ.P. 4(m)) and L.R, 4.1, Plainfiff, Derek A. Thomas will have 90 days from date of this Order to effect service; cc/Plaintiff. Modified on 10/10/2019 to correct a typo - 1 through 3 to 1 through 4. (Finn, Mary). (Main Document 4 replaced on 10/10/2019 with correct Order) (Finn, Mary). Modified on 10/10/2019 (Finn, Mary). [Transferred from Massachusetts on 3/30/2021.] |
| Filing 3 NOTICE of Case Assignment. Magistrate Judge Katherine A. Robertson assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Danieli, Chris) [Transferred from Massachusetts on 3/30/2021.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Derek Thomas. (Attachments: #1 Supplement)(Castilla, Francis) (Additional attachment(s) added on 9/19/2019: #2 Affidavit supporting IFP) (Castilla, Francis). [Transferred from Massachusetts on 3/30/2021.] |
| Filing 1 COMPLAINT against All Defendants, filed by Derek Thomas. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(Castilla, Francis) (Attachment 2 replaced on 9/19/2019) (Castilla, Francis). [Transferred from Massachusetts on 3/30/2021.] |
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