Gupta v. City of Cambridge et al
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|Date Filed||#||Document Text|
|January 29, 2013
Judge William G. Young: MEMORANUDM AND ORDER entered. The motion (#14) for leave to proceed in forma pauperis is granted; plaintiff is assessed an initial, partial filing fee; the motion (#4) for appointment of counsel is denied without prejudice to renewal after defendants have replied to the complaint; the Clerk shall issue summonses for service of the complaint on the City of Cambridge, the Middlesex County Sheriff, and Deputy Sheriff John Smith and the motion (#2) to appoint special process server is allowed. No summons shall issue with respect to the John Doe defendant. The civil rights claim against defendant Deck Brewer, a Massachusetts inmate, is subject to dismissal pursuant to 28 U.S.C. 1915(e)(2) for failure to state a claim up on which relief may be granted..... defendant Brewer is a private individual and is not alleged to have been acting under color of state law. If plaintiff wishes to pursue the claim against defendant Brewer, he must, within forty-two (42) days of the date of this Memorandum and Order, show good cause why the claim against defendant Brewer should not be dismissed or file an amended complaint.(PSSA, 4)
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