Roberts et al v. St. Amand et al
| Daniel Deburgo, Brandon Roberts and Patrick Nerette |
| John./Jane Doe, Carolyn Atkins, Chief Security Frank Bishop, Jr., Peter St. Amand, Thomas N Neville, Jason E. McMahan and Richard Broderick |
| 1:2018cv02061 |
| July 5, 2018 |
| US District Court for the District of Maryland |
| Baltimore Office |
| 88888 |
| Ellen L Hollander |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 pr |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 3, 2018. A more recent docket listing may be available from PACER.
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| Filing 120 Judge George A. O'Toole, Jr: ORDER entered. Transfer Order(Halley, Taylor) |
| Filing 119 Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered. A district court may transfer any civil action "[f]or the convenience of the parties and witnesses, in the interest of justice" to "any other district or division where it might have been brought." 28 U.S.C. 1404(a). "It is well settled that a court may transfer a case sua sponte pursuant to 28 U.S.C. 1404(a)." Desmond v. Nynex Corp., 37 F.3d 1484, at *3 (1st Cir. 1994) (unpublished table decision). Here, the Second Amended Complaint, the operative pleading filed after the Court of Appeals affirmed dismissal of the First Amended Complaint, could have been brought in the District of Maryland. The remaining plaintiff is a Massachusetts prisoner who was transferred to the prison system in Maryland and is currently at the North Branch Correctional Institution in Cumberland, Maryland. The remaining defendants named in the Second Amended Complaint are alleged to be employees of the Maryland Department of Corrections. A substantial part of the alleged events giving rise to the claims involving the remaining defendants, including those raised by the defendant in his recent motions, occurred in Maryland. The majority of witnesses and records are likely to be located in Maryland. Based upon the foregoing, the District of Maryland appears to be the most convenient forum for the parties and witnesses and transfer there would be in the interest of justice. The Court therefore orders this case be transferred to the United States District Court for the District of Maryland. The Clerk shall transmit a paper copy of this Order to the plaintiff. (Halley, Taylor) |
| Filing 118 MANDATE of USCA as to #111 Notice of Interlocutory Appeal filed by Brandon Roberts. Appeal #111 Terminated (Paine, Matthew) |
| Filing 117 MANDATE of USCA as to #97 Notice of Appeal filed by Brandon Roberts. Appeal #97 Terminated (Paine, Matthew) |
| Filing 116 USCA Judgment as to #97 Notice of Appeal filed by Brandon Roberts, #111 Notice of Interlocutory Appeal filed by Brandon Roberts (Paine, Matthew) |
| Filing 115 Prisoner Trust Fund Account Statement and PLRA Forms by Brandon Roberts. (Paine, Matthew) |
Filing 114
ORDER of USCA as to #97 Notice of Appeal filed by Brandon Roberts. ORDER directing payment of the filing fee under PLRA. (Paine, Matthew)
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| Filing 113 USCA Case Number 17-2034 for #111 Notice of Interlocutory Appeal filed by Brandon Roberts. (Paine, Matthew) |
| Filing 112 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #111 Notice of Interlocutory Appeal. (Paine, Matthew) |
| Filing 111 NOTICE OF INTERLOCUTORY APPEAL as to 108 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for TRO,,,, Order on Motion for Miscellaneous Relief,,,, Order on Motion for Discovery,, Order on Motion to Stay,, Order on Motion for Modification,, Order on Motion for Leave to File, by Brandon Roberts. ( ) NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 11/6/2017. (Halley, Taylor) |
| Filing 110 Opposition re #109 MOTION for Protective Order filed by Carolyn Atkins, Frank Bishop, Jr, Richard Broderick, John/Jane Doe, Jason E. McMahan. (Collins, Leight) |
| Filing 109 MOTION for Protective Order of Property in Possession and Control of Prison Officials by Brandon Roberts.(Halley, Taylor) |
| Filing 108 Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered. In light of the appeal filed by the plaintiff, the pending motions (dkt. nos. 80, 83, 85, 91, 92, 94, 95, 96, & 106) are DENIED without prejudice to renewal after the conclusion of the appeal. (Halley, Taylor) |
| Filing 107 RESPONSE to Motion re #106 MOTION for Leave to File filed by Carolyn Atkins, Frank Bishop, Jr, Richard Broderick, John/Jane Doe, Jason E. McMahan, Thomas N Neville. (Collins, Leight) |
| Filing 105 REPLY to Defendant's Opposition to #94 MOTION for Discovery filed by Brandon Roberts. (Attachments: #1 Affidavit, #2 Exhibit)(Halley, Taylor) |
| Filing 106 MOTION to Submit Doc Regulations in Support of TRO by Brandon Roberts.(Halley, Taylor) |
| Filing 104 REPLY to Response to #91 MOTION for Subpeona Duces Tecum filed by Brandon Roberts. (Halley, Taylor) |
| Filing 103 Opposition re #96 MOTION to Modify Motion for TRO filed by Carolyn Atkins, Frank Bishop, Jr, Richard Broderick, John/Jane Doe, Jason E. McMahan. (Collins, Leight) |
| Filing 102 Opposition re #94 MOTION for Discovery filed by Carolyn Atkins, Frank Bishop, Jr, Richard Broderick, John/Jane Doe, Jason E. McMahan. (Collins, Leight) |
| Filing 101 Opposition re #91 MOTION filed by Carolyn Atkins, Frank Bishop, Jr, Richard Broderick, John/Jane Doe, Jason E. McMahan. (Collins, Leight) |
| Filing 100 Opposition re #92 MOTION for Relief from Judgment or Order of Dismissal against Defendant Neville filed by Thomas N Neville. (Anderson, Charles) |
| Filing 99 USCA Case Number 17-1557 for #97 Notice of Appeal filed by Brandon Roberts. (Paine, Matthew) |
| Filing 98 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #97 Notice of Appeal. (Paine, Matthew) |
| Filing 97 NOTICE OF APPEAL as to #84 Order on Motion for Miscellaneous Relief,, Order on Motion for Discovery,, Order on Motion for Extension of Time to File Response/Reply, by Brandon Roberts NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 6/19/2017. (Halley, Taylor) |
| Filing 96 MOTION to Modify TRO #85 and Alternatively Reply to Defendants Opposition to Supplemental Request for TRO #88 by Brandon Roberts.(Halley, Taylor) |
| Filing 95 MOTION to Stay Proceedings or Alternatively for an Enlargement of Time to File Opposition to Defendant's Motion to Dismiss or Summary Judgment by Brandon Roberts.(Halley, Taylor) |
| Filing 94 MOTION for Discovery pursuant to Fed.R. 56(d) by Brandon Roberts. (Attachments: #1 Affidavit Brandon Roberts)(Halley, Taylor) |
| Filing 93 MEMORANDUM in Support of Motion for Relief from Judgment or Order re #92 filed by Brandon Roberts. (Halley, Taylor) |
| Filing 92 MOTION for Relief from Judgment or Order of Dismissal Against Defendant Neville. by Brandon Roberts. (Attachments: #1 Affidavit Brandon Roberts)(Halley, Taylor) |
| Filing 91 MOTION for Subpoena Duces Tecum by Brandon Roberts.(Halley, Taylor) |
| Filing 90 NOTICE of Re-submission of Pleadings by Brandon Roberts (Halley, Taylor) |
| Filing 89 REPLY to Response to #85 MOTION for Temporary Restraining Order filed by Brandon Roberts. (Attachments: #1 Affidavit Prisoner's of NBCI)(Halley, Taylor) |
| Filing 88 Opposition re #85 MOTION for Temporary Restraining Order Supplemental Request filed by Carolyn Atkins, Frank Bishop, Jr, Richard Broderick, John/Jane Doe, Jason E. McMahan. (Attachments: #1 Affidavit)(Collins, Leight) |
| Filing 87 REPLY to Response to #83 MOTION for Temporary Restraining Order, #85 MOTION for Temporary Restraining Order filed by Carolyn Atkins, Frank Bishop, Jr, Richard Broderick, John/Jane Doe, Jason E. McMahan. (Attachments: #1 Affidavit)(Collins, Leight) |
| Filing 86 DOCKET SHEET sent to Brandon Roberts (Halley, Taylor) |
| Filing 85 MOTION for Temporary Restraining Order. Supplemental Request for a Temporary Restraining Order by Brandon Roberts.(Halley, Taylor) |
| Filing 84 Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered denying #65 Motion ; denying #66 Motion for Discovery; granting #82 Motion for Extension of Time to File Response/Reply re #80 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 5/30/2017) (Halley, Taylor) |
| Filing 83 MOTION for Emergency Temporary Restraining Order by Brandon Roberts.(Halley, Taylor) |
| Filing 82 MOTION for Extension of Time to 05/30/2017 to File Response/Reply as to #80 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Brandon Roberts.(Halley, Taylor) |
| Filing 81 MEMORANDUM in Support re #80 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Carolyn Atkins, Frank Bishop, Jr, Richard Broderick, John/Jane Doe, Jason E. McMahan. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Attachment)(Collins, Leight) |
| Filing 80 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Carolyn Atkins, Frank Bishop, Jr, Richard Broderick, John/Jane Doe, Jason E. McMahan.(Collins, Leight) |
| Filing 79 Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered granting #67 Motion for Extension of Time to Answer Frank Bishop, Jr answer due 2/14/2017; Carolyn Atkins answer due 2/14/2017; Richard Broderick answer due 2/14/2017; Jason E. McMahan answer due 2/14/2017.; granting #68 Motion for Extension of Time to Answer Frank Bishop, Jr answer due 2/14/2017; Carolyn Atkins answer due 2/14/2017; Richard Broderick answer due 2/14/2017; Jason E. McMahan answer due 2/14/2017. (Halley, Taylor) |
| Filing 78 US Marshal Process Receipt and Return for Summons. DOC Central Headquarters unable to be served. (Halley, Taylor) |
| Filing 77 NOTICE of Intent to File Motion for Relief from Judgment or Order Dismissing the Defendant Thomas Neville by Brandon Roberts (Halley, Taylor) |
| Filing 76 NOTICE of Intent to File Reply by Brandon Roberts re #69 Opposition to Motion (Halley, Taylor) |
| Filing 69 Opposition re #66 MOTION for Discovery filed by Thomas N Neville. (Anderson, Charles) |
| Filing 68 MOTION for Extension of Time to 02/14/2017 to File Answer by Jason E. McMahan. (Attachments: #1 Text of Proposed Order)(Collins, Leight) |
| Filing 67 MOTION for Extension of Time to 02/14/2017 to File Answer by Carolyn Atkins, Frank Bishop, Jr, Richard Broderick. (Attachments: #1 Text of Proposed Order)(Collins, Leight) |
| Filing 75 US Marshal Process Receipt and Return for Maryland Reception Diagnosis Correctional Center, (MRDCC) served Delivered on 12/13/2016 (Halley, Taylor) |
| Filing 74 US Marshal Process Receipt and Return for Maryland Dept. of Public Safety & Correctional Services served Delivered on 12/09/2016 (Halley, Taylor) |
| Filing 73 US Marshal Process Receipt and Return for North Branch Corr. Inst., served Delivered on 12/08/2016 (Halley, Taylor) |
| Filing 72 US Marshal Process Receipt and Return for North Branch Corr. Inst., ("NBCI") served Delivered on 12/08/2016 (Halley, Taylor) |
| Filing 71 US Marshal Process Receipt and Return for North Branch Corr. Inst. (NBCI) served Delivered on 12/08/2016 (Halley, Taylor) |
| Filing 70 US Marshal Process Receipt and Return for Maryland Reception Diagnosis Correctional Center, (MRDCC) served Delivered on 12/08/2016 (Halley, Taylor) |
| Filing 66 MOTION for Limited Discovery and for In-Court Inspection of the Current Address for the Defendant Peter St. Amand and for Service of Process of Summons & Complaint Via U.S. Marshals by Brandon Roberts.(Halley, Taylor) |
| Filing 65 MOTION for Clarification and for Temporary Abeyance of Return of Proof of Service of Summons by Brandon Roberts.(Halley, Taylor) |
| Filing 64 Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered GRANTING the plaintiff's #63 Motion for Limited Extension of Time to Effectuate Service of Process of Summonses. Proof of service on any remaining defendants must be filed with the Court by December 12, 2016. Pursuant to Rule 4(m), failure to file proof of service by December 12, 2016 will result in the dismissal of the claims against the remaining defendants. No further extensions will be permitted. (Halley, Taylor) |
| Filing 63 MOTION for Limited Extension of Time to 11/30/2016 to Effectuate Service of Process of Summonses via U.S. Marshal's by Brandon Roberts.(Halley, Taylor) |
| Filing 62 Summons Reissued as to Carolyn Atkins, Frank Bishop, Jr, Richard Broderick, John/Jane Doe, Jason E. McMahan, Thomas N Neville, Peter St. Amand. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Halley, Taylor) |
| Filing 61 Judge George A. O'Toole, Jr: ORDER entered granting in part and denying in part #58 Motion to Alter Judgment (Halley, Taylor) |
| Filing 60 Judge George A. O'Toole, Jr: ORDER entered. The Court will grant the plaintiff an additional twenty-one (21) days from the date of this Order in which to respond to the defendant's motion to dismiss or for summary judgment. Failure to respond will result in the denial of the plaintiff's Motion to Alter or Amend Judgment as to Neville and the dismissal will stand. Response due 8/12/2016.(Halley, Taylor) |
| Filing 59 Opposition re #58 MOTION to Alter Judgment filed by Thomas N Neville. (Anderson, Charles) |
| Filing 58 MOTION to Alter Judgment by Brandon Roberts.(Halley, Taylor) |
| Filing 57 Judge George A. OToole, Jr: ORDER entered. ORDER DISMISSING CASE(Halley, Taylor) |
| Filing 56 DOCKET SHEET sent to Plaintiffs' to address on file (Halley, Taylor) |
| Filing 55 Judge George A. OToole, Jr: ELECTRONIC ORDER entered. The plaintiff's response to the defendant's #53 Motion to Dismiss is overdue. Failure to submit a response within twenty-one (21) days of this order may result in the plaintiff's Amended Complaint being dismissed.(Halley, Taylor) |
| Filing 54 MEMORANDUM in Support re #53 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment filed by Thomas N Neville. (Attachments: #1 Exhibit 1: Classification Report, #2 Exhibit 2: Letter, #3 Exhibit 3: Memorandum, #4 Exhibit 4: 103 CMR 420, #5 Exhibit 5: Letter, #6 Exhibit 6: Letter)(Anderson, Charles) |
| Filing 53 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 11/30/2015), MOTION for Summary Judgment ( Responses due by 12/7/2015) by Thomas N Neville.(Anderson, Charles) |
| Filing 52 Judge George A. OToole, Jr: ELECTRONIC ORDER entered. Answers or other responsive pleadings due within twenty-one (21) days of this Order. (Lyness, Paul) |
| Case reopened. (Nicewicz, Craig) |
| Filing 51 NOTICE of Locations of Additional Parties re #50 Amended Complaint, by Brandon Roberts. (Gioia, AnaMaria) |
| Filing 50 AMENDED COMPLAINT against Peter St. Amand, Thomas N Neville, John/Jane Doe, Jason E. McMahan, Frank Bishop, Jr, Richard Broderick, Carolyn Atkins, filed by Brandon Roberts.(Gioia, AnaMaria) |
| Filing 49 Copy re 48 Order mailed to Brandon Roberts and Daniel DeBurgo on 9/14/2015. (Moore, Kellyann) |
| Filing 48 Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting #47 the plaintiff's request for an extension of time to file his amended complaint. The plaintiff shall file his amended complaint within 28 days of this Order. (Moore, Kellyann) |
| Filing 47 NOTICE of late filings by Brandon Roberts (Danieli, Chris) |
| Filing 46 Copy re 43 Order, mailed to Brandon Roberts on 7/8/2015 at North Branch Correctional Institution (Danieli, Chris) |
| Filing 45 Mail Returned as Undeliverable. Mail sent to Brandon Roberts at MCI Norfolk (Danieli, Chris) |
| Filing 44 Mail Returned as Undeliverable. Mail sent to Brandon Roberts at MCI Cedar Junction at Walpole (Danieli, Chris) |
| Filing 43 Judge George A. OToole, Jr: ELECTRONIC ORDER entered. In light of the Court of Appeals judgment in Roberts v. Neville, 14-1291, plaintiff Brandon Roberts has leave to file an amended complaint within 60 days of the date of this Order. (Danieli, Chris) |
| Filing 42 MANDATE of USCA as to #37 Notice of Appeal filed by Brandon Roberts. Appeal #37 Terminated (Paine, Matthew) |
| Filing 41 USCA Judgment as to #37 Notice of Appeal filed by Brandon Roberts.The order dismissing the first amended complaint is affirmed. The judgment of dismissal with prejudice is vacated, and the case is remanded to the district court for further proceedings consistent with this opinion. (Paine, Matthew) |
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Filing 40
ORDER of USCA as to #37 Notice of Appeal,,, filed by Brandon Roberts (Attachments: #1 Exhibit)(Danieli, Chris)
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| Filing 39 USCA Case Number 14-1291 for #37 Notice of Appeal filed by Brandon Roberts. (Paine, Matthew) |
| Filing 38 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #37 Notice of Appeal. (Paine, Matthew) |
| Filing 37 NOTICE OF APPEAL as to #35 Order Dismissing Case, #34 Order on Motion to Dismiss, Order on Motion to Dismiss for Failure to State a Claim by Brandon Roberts NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 4/7/2014. (Danieli, Chris) |
| Filing 36 Copy re #35 Judgment of Dismissal, #34 Order on Motion to Dismiss mailed to Brandon Roberts and Daniel Deburgo on 2/20/2014. (Danieli, Chris) |
| Filing 35 Judge George A. OToole, Jr: ELECTRONIC ORDER entered. JUDGMENT OF DISMISSAL(Danieli, Chris) |
| Filing 34 Judge George A. OToole, Jr: ELECTRONIC OPINION AND ORDER entered granting #32 Motion to Dismiss (Danieli, Chris) |
| Filing 33 MEMORANDUM in Support re #32 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thomas N Neville. (Anderson, Charles) |
| Filing 32 MOTION to Dismiss ( Responses due by 8/12/2013), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Thomas N Neville.(Anderson, Charles) |
| Filing 31 Paper copy of NEF re 30 Order on Motion for Extension of Time to Answer, Order on Motion for Extension of Time to File Response/Reply, Order on Motion for Miscellaneous Relief,,, mailed to Brandon Roberts and Daniel DeBurgo on 7/10/2013. (Danieli, Chris) |
| Filing 30 Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting #28 Motion for Extension of Time to Answer re #21 Amended Complaint Thomas N Neville answer due 8/2/2013 ; granting #29 MOTION for Exemption from Local Rule 7.1(A)(2) (Danieli, Chris) |
| Filing 29 MOTION for Leave to File , MOTION Exemption from Local Rule 7.1(A)(2) Requring Motion Conference re #28 MOTION for Extension of Time to August 2, 2013 to File Answer re #21 Amended Complaint MOTION for Extension of Time to August 2, 2013 to File Response/Reply as to #21 Amended Complaint ( Responses due by 7/22/2013) by Thomas N Neville.(Anderson, Charles) |
| Filing 28 MOTION for Extension of Time to August 2, 2013 to File Answer re #21 Amended Complaint , MOTION for Extension of Time to August 2, 2013 to File Response/Reply as to #21 Amended Complaint ( Responses due by 7/22/2013) by Thomas N Neville.(Anderson, Charles) |
| Filing 27 NOTICE of Appearance by Charles W. Anderson, Jr on behalf of Thomas N Neville (Anderson, Charles) |
| Filing 26 USMS Process Receipt and Return and SUMMONS Returned Executed Thomas N Neville served on 6/20/2013, answer due 7/11/2013. (Danieli, Chris) |
| Filing 25 Summons Returned Unexecuted by Daniel DeBurgo as to Peter St. Amand. (MacDonald, Gail) |
| Filing 24 Summons Reissued as to Thomas N Neville, Peter St. Amand and mailed to plaintiff Brandon Roberts with order #23 , Local Rule 4.1, and forms and instructions for service by the US Marshal. Order #23 and notice of reissuance of summons also sent to plaintiff Daniel DeBurgo. (PSSA, 3) |
| Filing 22 Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting Nunc Pro Tunc #20 Motion for Extension of Time (Lyness, Paul) |
| Filing 23 Judge George A. OToole, Jr: ORDER entered. The Clerk shall add Deburgo to the docket as a plaintiff in this action. The Court shall issue summonses and mail them to Roberts with forms and instructions for service by the United States Marshals Service. Roberts is responsible for serving a copy of the summonses, complaint, and this order upon the defendants. If so directed by Roberts, the United States Marshal complete service with all costs of service to be advanced by the United States. As Deburgo has not paid any portion of the filing fee or sought leave to proceed in forma pauperis, the entire filing fee remains assessed against Roberts. (PSSA, 3) |
| Filing 21 AMENDED COMPLAINT against Thomas N Neville, Peter St. Amand, filed by Brandon Roberts.(Danieli, Chris) |
| Filing 20 Notice of Late Filings of Amended Complaint by Brandon Roberts.(Danieli, Chris) |
| Filing 19 Set/Reset Deadlines: Completion of service or amended complaint due by 4/5/2013. (PSSA, 3) |
| Filing 18 Judge George A. OToole, Jr: ORDER entered granting #14 Motion for Extension of Time. The plaintiff shall have 42 days from the date of this order to complete service of the original complaint (with a copy of this order), or, in the alternative, file an amended complaint. Although Roberts may file an amended complaint as a matter of right prior to service of the original complaint, any amended complaint shall be subject to an initial screening under 28 U.S.C. 1915(e)(2), 1915A. Roberts is not authorized to use the summonses issued on May 17, 2012 to serve an amended complaint prior to the Courts screening of the same. claims of plaintiff Patrick Nerette are DISMISSED WITHOUT PREJUDICE and the Clerk shall terminate him as a party in this action. (copies of order mailed to Nerett and Roberts on 2/22/2013) (PSSA, 3) Modified on 2/22/2013 (PSSA, 3). |
| Filing 17 ELECTRONIC NOTICE of Reassignment. Due to Judge Mark L. Wolf's taking of senior status, it is hereby ordered that this case is randomly reassigned to Judge George A. O'Toole, Jr. Judge Mark L. Wolf no longer assigned to case. (Abaid, Kimberly) |
| Filing 16 DOCKET SHEET sent to Brandon Roberts. (MacDonald, Gail) |
| Filing 15 Letter/request (non-motion) from Brandon Roberts. (MacDonald, Gail) |
| Filing 14 MOTION for Extension of Time for an additional 30 days to effectuate service of process by Brandon Roberts. (Document received in Worcester on 9/10/12, mailed to Boston and received 9/26/12.)(MacDonald, Gail) |
| Filing 13 NOTICE: re payment of fee by Brandon Roberts issued to the Treasurer at North Branch Correctional Institution (PSSA, 3) |
| Summons Issued as to Thomas N Neville, Peter St. Amand and mailed to plantiff Roberts with Local Rule 4.1 and forms and instructions for service by the US Marshal. (PSSA, 3) |
| Filing 12 Chief Judge Mark L. Wolf: ORDER entered granting #8 Motion for Leave to Proceed in forma pauperis; denying without prejudice #10 Motion for Leave to Proceed in forma pauperis. If Nerette wishes to prosecute this action, he must, within 45 days of the date of this order, file a new motion for leave to proceed in forma pauperis and the required prison account statement. Failure to comply with this order may result in dismissal of Nerette as a plaintiff in this action. The clerk shall issue summonses and mail them to Roberts. (PSSA, 3) |
| Set/Reset Deadlines: Motion for leave to proceed in forma pauperis to be filed by Nerette by 7/2/2012. (PSSA, 3) |
| Filing 11 Letter/request (non-motion) from Patrick Nerette. (MacDonald, Gail) |
| Remark - per request of Mr. Nerette, package re: "Step by Step" guide to filing a civil case mailed. (MacDonald, Gail) |
| Remark. Courtesy copy of complaint sent to Patrick Nerette as per his request #9 . (PSSA, 3) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis by Patrick Nerette.(GAM) |
| Filing 9 Letter/request (non-motion) from Patrick Nerette requesting a courtesy copy of his original Complaint. (GAM) |
| Filing 8 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Brandon Roberts.(Johnson, Jay) |
| Filing 7 Letter/request (non-motion) from Brandon Roberts requesting stay on service of process. (Johnson, Jay) |
| Filing 6 Letter (non-motion) from Donna Stigile, Fiscal Services, Chief II, Department of Correctional Services regarding six-month analysis and account information (Boyce, Kathy) |
| Filing 5 Chief Judge Mark L. Wolf: ORDER entered denying without prejudice #2 Motion for Leave to Proceed in forma pauperis. Any plaintiff who wishes to participate in this lawsuit must, within 42 days of the date of this Procedural Order, either pay $175.00 or file a motion for leave to proceed in forma pauperis with the required prison account statement. Failure to comply with this directive on the part of any plaintiff will result in dismissal without prejudice of that plaintiff's claim. If only one plaintiff complies with this directive, he will be responsible for the entire filing fee. The Clerk shall provide each plaintiff with an Application to Proceed in District Court Without Prepaying Fees or Costs. The Clerk shall also send a copy of this Procedural Order to the Treasurer's Office at the prison facility in which plaintiffs are incarcerated, in order to facilitate any request by either plaintiff for his certified prison account statement. (PSSA, 3) |
| Set/Reset Deadlines: Filing fee or motion(s) for leave to proceed in forma pauperis due by 8/12/2011. (PSSA, 3) |
| Filing 4 Letter/request (non-motion) from Brandon Roberts. Docket sheet sent to Mr. Roberts. (Burgos, Sandra) |
| Mail Returned as Undeliverable. Mail (Document No. 3) sent to Patrick Nerette returned marked: RTS (Boyce, Kathy) |
| Mail Returned as Undeliverable. Mail (Document No. 3) sent to Brandon Roberts returned marked: RTS (Boyce, Kathy) |
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Filing 3
General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Burgos, Sandra)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Brandon Roberts.(Burgos, Sandra) |
| Filing 1 COMPLAINT against Thomas N Neville, Peter St. Amand, filed by Patrick Nerette, Brandon Roberts. (Attachments: #1 Civil Cover Sheet and Category Sheet, #2 Cover Letter)(Burgos, Sandra) |
| ELECTRONIC NOTICE of Case Assignment. Chief Judge Mark L. Wolf 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 Jennifer C. Boal. (Burgos, Sandra) |
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