Akande v. Crutchfield et al
| Jason Shola Akande |
| Warden Wyatt Federal Prison, Anthony Crutchfield, Director Immigration and Customs Massachusetts and Warden Suffolk County House of Correction |
| 1:2011cv12288 |
| December 21, 2011 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Suffolk |
| Rya W. Zobel |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
37
Judge Rya W. Zobel: MEMORANDUM AND ORDER entered: Superintendent Gerard Horgan is substituted for the Warden of SCHC; Superintendent Gerard Horgan's Motion to Dismiss (Docket No. 20) is ALLOWED; Wyatt Detention Center's Motion to Dismiss (Docket No. 16) is DENIED as moot because the Wyatt Detention Center is not a party to this action; All claims against the Warden of Wyatt Detention Center are DISMISSED sua sponte; Plaintiff's Motion for Default Judgment (Docket No. 36) is DENI ED; Plaintiff's request to include additional Defendants (Suffolk County House of Correction employees), contained in his Opposition, is DENIED; Plaintiff is PROHIBITED from filing any further claims, notices, or amendments to the Complaint unle ss he first obtains Court permission to do so, upon a duly-filed motion filed in good faith and with good cause shown; and Plaintiff is PROHIBITED from filing any motions for leave to amend the Complaint until after the ICE Defendants have filed a response to the original Complaint.(PSSA, 1)
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Filing
12
Judge Rya W. Zobel: MEMORANDUM AND ORDER entered: Plaintiff's Motion to Amend Complaint (Docket No. 9) is ALLOWED as of right, but is STRICKEN and the original Complaint (Docket No. 1) shall remain the operative pleading in this action; Plaintif f is PROHIBITED from filing any further Amended Complaints until after the Defendants have filed a response to the Complaint, and upon a Motion to Amend with good cause shown; Plaintiff's Motion for Reconsideration of Appointment of Counsel (Doc ket No. 10) is DENIED; and The Clerk shall re-send to Plaintiff the USM 285 forms so that he may provide the U.S. Marshal Service with the required information for effectuating service of process.(PSSA, 1)[remark: USM 285 forms sent with copy of Memorandum and Order].
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Filing
5
Judge Rya W. Zobel: MEMORANDUM AND ORDER entered: Plaintiff's Motion for Leave to Proceed in forma pauperis (Docket No.2 ) is ALLOWED; Plaintiff's Motion for Appointment of Counsel (Docket No. 3) is DENIED; The Clerk shall issue summonses a s to Anthony Crutchfield, the Director of the Massachusetts Branch of ICE, the Warden of SCHC, and the Warden of Wyatt Federal Prison in Central Falls, Rhode Island; andThe Clerk shall send the summons(es), Complaint, and this Memorandum andOrder to the Plaintiff, who must thereafter serve the Defendants in accordancewith Federal Rule of Civil Procedure 4(m). The Plaintiff may elect to have service made by the United States Marshal Service. If directed by the Plaintiff to do so, the United State s Marshal shall serve the summons(es), complaint, and this Order upon the Defendant, 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)
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