Dempsey v. Mount Auburn Hospital
| John B. Dempsey |
| Mount Auburn Hospital |
| 1:2010cv12064 |
| November 26, 2010 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Middlesex |
| Employment |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
21
Judge Richard G. Stearns: ORDER entered. MEMORANDUM AND ORDER re: Letter (Docket No. 20): this action remains DISMISSED pursuant to the Order (Docket No. 14). To the extent that Dempseys Letter is construed as a Motion to Reinstate Case, it is DENIE D with prejudice. Dempsey may not file any further motions, pleadings, or other letters seeking relief from the Orders of this court. Failure of Dempsey to comply with the directives contained in this Order may result in the imposition of sanctions against him.(PSSA, 1)
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Filing
14
Judge Richard G. Stearns: ORDER entered: Plaintiff's "Motion in Support of 28 U.S.C.A. § 1915(d) Victim of Violent Crime Massachusetts General Laws Chapter 258B Section One "Definitions" In Re Handicap Assault M.G.L.A. ch. 26 5 sect. 13K" (Docket No. 9) is DENIED;Plaintiff's "Motion for Medical Witness Pathologist" (Docket No. 10) is DENIED;Plaintiff's "Supplemental Motion for Summary Judgment on the issue of handicap prejudice" (Docket No. 13) is DENIED; Plaintiff's Motion to Voluntarily Dismiss (Docket No. 12) is ALLOWED. This action is hereby DISMISSED without prejudice to plaintiff seeking to reinstate this case within 30 days of the date of this Memorandum and Order, prov ided he file a coherent Motion to Reinstate Case. In any Motion to Reinstate Case, plaintiff shall indicate whether he has any other lawsuits pending or completed in state court in which he has asserted allegations of retaliation by the defendant fo r filing a labor complaint regarding statements of co-workers, and/or allegations concerning handicap prejudice/handicap assault that he references in his pleadings filed in this case. Failure to comply with this directive will result in the denial of any request to reopen this action; The summons previously issued by the clerk on December 2, 2010 is hereby VACATED; plaintiff is prohibited from serving the summons, and the United States Marshal shall not effect service of process, unless this c ourt reinstates/reopens this action; and Plaintiff is prohibited from filing any Amended Complaints or further motions for relief of any kind (e.g., for funds for experts, for summary judgment, for injunctive relief, etc.) unless this action is ordered reinstated/reopened, and then he may only file such pleadings after a responsive pleading has been filed by the defendant upon proper service of process.(PSSA, 1)
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Filing
7
Judge Richard G. Stearns: ORDER entered: Plaintiffs Motion for Leave to Proceed in forma pauperis (Docket No. 2) and the Motion for Proceed in the District Court Without Prepaying Fees or Costs (Docket No. 3) are ALLOWED; The Clerk shall issue a summ ons as to defendant Mount Auburn Hospital; The Clerk shall send the summonses, Complaint, and this Order to the plaintiff, who must thereafter serve the defendant in accordance with Federal Rule of Civil Procedure 4(m). The plaintiff may elect to ha ve service made by the United States Marshal Service. If directed by the plaintiff to do so, the United States Marshal Service shall serve the summons(es), Complaint, and this Order upon the defendant, in the manner directed by the plaintiff, with a ll costs of service to be advanced by the United States Marshal Service. Notwithstanding Fed. R. Civ. P. 4(m) and Local Rule 4.1, the plaintiff shall have 120 days from the date of this Order to complete service; and Plaintiffs Motion for Summary Judgment and Injunctive Relief (Docket No. 5) is DENIED without prejudice to renew after a responsive pleading is filed.(PSSA, 1)
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| Plaintiff: John B. Dempsey | |
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| Defendant: Mount Auburn Hospital | |
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