Faust v. Cabral et al
| James B. Faust |
| Gerard Horgan, Andrea J. Cabral, Melberg, Naphcare Mental Health Services and Khoa Do |
| 1:2012cv11020 |
| June 8, 2012 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Suffolk |
| Denise J. Casper |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
59
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - the Court DENIES Naphcare's motion to dismiss (D. 22). The Court GRANTS the Prison Official Defendant's motion to dismiss as to the official capacity and negligence claims agai nst the Prison Official Defendants and DENIES without prejudice the Prison Official Defendant's motion to dismiss as to the First and Eighth Amendment claims against Cabral and Horgan (D. 25) and Faust has two weeks from the date of this order to amend his complaint as to these claims. The Court DENIES Naphcare's motion to strike (D. 30). The Court DENIES Faust's motion for injunctive relief (D. 43).(Hourihan, Lisa)
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Filing
8
Judge Denise J. Casper: MEMORANDUM AND ORDER entered: Civil Action No. 12- 11091-DJC is DISMISSED without prejudice as duplicative of Civil Action No. 12-11020-DJC; Plaintiff's Motion for Leave to Proceed in forma pauperis in Civil Action No. 12 -11091-DJC (D. 2) is DENIED as moot; Plaintiff's Motion for Leave to Proceed in forma pauperis filed in Civil Action No. 12-11020-DJC (D. 7) is ALLOWED; the filing fee is ASSESSED pursuant to 28 U.S.C. § 1915(b); the Clerk shall issue summ onses as to defendants Sheriff Cabral, Superintendent Horgan, Sgt. Melberg, Naphcare Mental Health Services and KHOA DO with respect to Civil Action No. 12-11020-DJC; If directed by the Plaintiff to do so, the United States Marshal Service shall eff ect service of process on the defendants and shall advance the costs of service; Plaintiff's request for ex parte injunctive relief (contained in the body of his Complaint in Civil Action No. 12-11020-DJC) is DENIED; and Plaintiff's Motion for Appointment of Counsel in Civil Action No. 12-11020-DJC (D. 7) is DENIED. Associated Cases: 1:12-cv-11091-DJC, 1:12-cv-11020-DJC(PSSA, 1)
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