Davis v. Murphy

Davis v. Murphy

Plaintiff:	Michael Joseph Davis
Defendant:	Patrick Murphy
Case Number:	1:2011cv10276
Filed:	January 31, 2011
Court:	US District Court for the District of Massachusetts
Office:	Boston Office
County:	Middlesex
Presiding Judge:	Nancy Gertner
Nature of Suit:	Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
April 7, 2011	Filing 8 Judge Nancy Gertner: ORDER entered. MEMORANDUM AND ORDER: Plaintiff's Motion for Leave to Proceed in forma pauperis (Docket No. 3) is ALLOWED and the filing fee is assessed pursuant to 28 U.S.C. § 1915(b); Plaintiff's request for appoi ntment of pro bono counsel (contained in the Second Amended Complaint) is DENIED; Plaintiff's requests for preliminary injunctive relief (contained in the Second Amended Complaint) are DENIED; All claims against the Woburn Superior Court, the Mi ddlesex Superior Court, and the Billerica House of Correction are DISMISSED and the Clerk shall terminate these parties on the Court's docket; Patrick Murphy, Superintendent of the Billerica House of Correction, shall be SUBSTITUTED as a Defenda nt in this action; The Clerk shall issue a summonses with respect to Superintendent Patrick Murphy; The Clerk shall send the summons, a copy of the Second Amended Complaint, and this Memorandum and Order to the Plaintiff, who must thereafter serve th e Defendant in accordance with Federal Rule of Civil Procedure 4(m); andThe Plaintiff may elect to have service made by the United States Marshal Service. If directed by the plaintiff to do so, the United States Marshal Service shall serve the summo nses, Complaint, and this Memorandum and Order upon the defendants, in the manner directed by the plaintiff, with all 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.(PSSA, 1)
March 10, 2011	Filing 4 Judge Nancy Gertner: ORDER entered. MEMORANDUM AND ORDER: The Court declines to construe this action as a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254; this case is construed as a non-habeas civil action; The Clerk shall sent Plaintiff a standard § 2254 form for completion should Plaintiff wish to file such an action. Any petition for writ of habeas corpus must be accompanied by the $5.00 filing fee or an application to proceed in forma pauperis accompanied by a certified prison account statement; Within 21 days of the date of this Memorandum and Order, Plaintiff shall pay the $350.00 filing fee for this civil action, or he must demonstrate good cause why this Court should not deem him to be ineligibl e for in forma pauperis status as a three-strikes litigant under 28 U.S.C.§ 1915(g), failing which, this action may be dismissed; All of Plaintiff's request for emergency relief are DENIED, including his request for habeas relief, and his r equest with respect to his conditions of confinement, as well as his requests for an Order intervening in his state court case(s); Within 21 days of the date of this Memorandum and Order, Plaintiff shall demonstrate good cause why this action should not be dismissed for the reasons stated herein, or file a Second Amended Complaint curing the pleading deficiencies; failing which, this action shall be dismissed; and The Court DECLINES to appoint pro bono counsel for Plaintiff.(PSSA, 1)[Remark: 2254 form and IFP form sent with copy of Memorandum and Order].

Date Filed

Document Text

April 7, 2011

Filing 8 Judge Nancy Gertner: ORDER entered. MEMORANDUM AND ORDER: Plaintiff's Motion for Leave to Proceed in forma pauperis (Docket No. 3) is ALLOWED and the filing fee is assessed pursuant to 28 U.S.C. § 1915(b); Plaintiff's request for appoi ntment of pro bono counsel (contained in the Second Amended Complaint) is DENIED; Plaintiff's requests for preliminary injunctive relief (contained in the Second Amended Complaint) are DENIED; All claims against the Woburn Superior Court, the Mi ddlesex Superior Court, and the Billerica House of Correction are DISMISSED and the Clerk shall terminate these parties on the Court's docket; Patrick Murphy, Superintendent of the Billerica House of Correction, shall be SUBSTITUTED as a Defenda nt in this action; The Clerk shall issue a summonses with respect to Superintendent Patrick Murphy; The Clerk shall send the summons, a copy of the Second Amended Complaint, and this Memorandum and Order to the Plaintiff, who must thereafter serve th e Defendant in accordance with Federal Rule of Civil Procedure 4(m); andThe Plaintiff may elect to have service made by the United States Marshal Service. If directed by the plaintiff to do so, the United States Marshal Service shall serve the summo nses, Complaint, and this Memorandum and Order upon the defendants, in the manner directed by the plaintiff, with all 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.(PSSA, 1)

March 10, 2011

Filing 4 Judge Nancy Gertner: ORDER entered. MEMORANDUM AND ORDER: The Court declines to construe this action as a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254; this case is construed as a non-habeas civil action; The Clerk shall sent Plaintiff a standard § 2254 form for completion should Plaintiff wish to file such an action. Any petition for writ of habeas corpus must be accompanied by the $5.00 filing fee or an application to proceed in forma pauperis accompanied by a certified prison account statement; Within 21 days of the date of this Memorandum and Order, Plaintiff shall pay the $350.00 filing fee for this civil action, or he must demonstrate good cause why this Court should not deem him to be ineligibl e for in forma pauperis status as a three-strikes litigant under 28 U.S.C.§ 1915(g), failing which, this action may be dismissed; All of Plaintiff's request for emergency relief are DENIED, including his request for habeas relief, and his r equest with respect to his conditions of confinement, as well as his requests for an Order intervening in his state court case(s); Within 21 days of the date of this Memorandum and Order, Plaintiff shall demonstrate good cause why this action should not be dismissed for the reasons stated herein, or file a Second Amended Complaint curing the pleading deficiencies; failing which, this action shall be dismissed; and The Court DECLINES to appoint pro bono counsel for Plaintiff.(PSSA, 1)[Remark: 2254 form and IFP form sent with copy of Memorandum and Order].

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Defendant: Patrick Murphy
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Plaintiff: Michael Joseph Davis
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