Delacruz v. Spencer et al
| Jose Delacruz |
| Carol A. Mici and Luis S. Spencer |
| 1:2013cv10327 |
| February 20, 2013 |
| US District Court for the District of Massachusetts |
| Boston Office |
| XX US, Outside State |
| Denise J. Casper |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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| Document Text |
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Filing
42
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS the motion to dismiss as asserted in D. 18 and D. 38, but DENIES the portion of D. 38 that sought summary judgment on the exhaustion issue, and DISMISSES this action. (Hourihan, Lisa)
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Filing
9
Judge Denise J. Casper: MEMORANDUM AND ORDER entered: Plaintiffs Motion for Leave to Proceed in forma pauperis (D. 3) is ALLOWED and the filing fee is assessed pursuant to 28 U.S.C. § 1915(b). The Clerk shall issue summonses as to defendants Spe ncer and Mici.The Clerk shall send the summonses, complaint, and this Memorandum and Order to the plaintiff, who must thereafter serve the defendants in accordance with Federal Rule of Civil Procedure 4(m). The plaintiff may elect to have service ma de by the U.S. Marshal Service. If directed by the plaintiff to do so, the U.S. Marshal Service shall serve the summonses, 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 U.S. 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 Memorandum and Order to complete service. Plaintiff's Motion for Appointment of Counsel (D. 2) is DENIED without prejudice. Plaintiff's Motion for Writ of Habeas Corpus Ad Testificandum (D. 4) is DENIED as premature. (PSSA, 1)
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