Tavares v. Commonwealth of Massachusetts et al
| Daniel Domingo Tavares |
| Sheriff James Cumming and Commonwealth of Massachusetts |
| 1:2018cv11979 |
| September 20, 2018 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Denise J Casper |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Filing 17 Judge Denise J. Casper: ORDER entered. SERVICE ORDER re 2254 Petition. Order entered pursuant to R.4 of the Rules governing Section 2254 cases for service on respondents. Answer/responsive pleading due w/in 21 days of receipt of this order. (McKillop, Matthew) |
| Filing 16 Judge Denise J. Casper: ELECTRONIC ORDER entered denying #12 Motion for TRO, Emergency Hearing, Ruling on Pending Motions in the U.S. Appeals Court No. 18-1371, Consolidation, and Supplemental Complaint. The matters raised in this motion go beyond the subject matter of this habeas action, are not set forth with adequate specificity, and, with regard to the referenced appeal, are beyond the jurisdiction of this court. (Hourihan, Lisa) |
| Filing 15 Judge Denise J. Casper: ELECTRONIC ORDER entered denying #11 Motion to Consolidate Cases (Hourihan, Lisa) |
| Filing 14 Judge Denise J. Casper: ELECTRONIC ORDER entered denying without prejudice #9 Motion for Discovery. The court will consider an appropriate motion for discovery after the respondent has responded to the petition. (Hourihan, Lisa) |
| Filing 13 Judge Denise J. Casper: ELECTRONIC ORDER entered denying #8 Motion for Order. Tavares asks the Court to consider this action as a "Bivens Action." He demands a trial by jury and $500 million in damages. A Bivens action (or, more appropriately in this case, an action under 42 U.S.C. s 1983) cannot be raised in a habeas action. Procedurally, the two actions are very different. Further, as this court already explained in dismissing Tavares v. Barnstable County Commissioners, C.A. No. 17-12497-DJC (D. Mass.), aff'd, Case No. 18-1690 (1st Cir. Aug. 23, 2018), he cannot bring a claim that, if successful, would necessarily imply the invalidity of a conviction without a showing that he has obtained a favorable resolution of a challenge to that conviction. (Hourihan, Lisa) |
| Filing 12 MOTION for Temporary Restraining Order by Daniel Domingo Tavares. (Attachments: #1 Exhibit A, #2 Affidavit)(McKillop, Matthew) |
| Filing 11 MOTION to Consolidate Cases by Daniel Domingo Tavares.(McKillop, Matthew) |
| Filing 10 Mail Returned as Undeliverable. Mail re-sent to Daniel Tavares at other known address. 300 Nathan Ellis Hwy. Apt. 30 Mashpee, MA 02649. (McKillop, Matthew) |
| Filing 9 MOTION for Discovery by Daniel Domingo Tavares. (Attachments: #1 Exhibit A-C)(McKillop, Matthew) |
| Filing 8 MOTION for Order by Daniel Domingo Tavares. (Attachments: #1 Exhibit)(McKillop, Matthew) |
| Filing 7 Judge Denise J. Casper: ELECTRONIC ORDER. The motion for leave to proceed in forma pauperis, for the appointment of counsel, and to consolidate cases #5 is DENIED. As to proceeding in forma pauperis, the Court notes that Tavares has already paid the $5 filing fee and has not submitted the requisite prison account statement. As to the appointment of counsel, under the Criminal Justice Act, 18 U.S.C. 3006A, the Court may appoint counsel for a "financially eligible" habeas petitioner if "the interests of justice so require." 18 U.S.C. 3006A(a)(2). Even assuming that the petitioner is "financially eligible" for the appointment of counsel, the interests of justice, at this early stage of the habeas proceeding, do not require the appointment of counsel. Further, the Criminal Justice Act does not provide for the appointment of counsel for a state court proceeding. The Court will not consolidate this habeas action with Tavares v. Barnstable County Commissioners, C.A. No. 17-12497-DJC, because the latter was dismissed for failure to state a claim upon which relief may be granted, and the dismissal was affirmed by the United States Court of Appeals for the First Circuit. [Copy of Notice of Electronic Filing mailed to petitioner at address on record (Barnstable County House of Correction).] (PSSA, 3) |
| Filing 6 Filing fee/payment: $ 5.00, receipt number 1BST070868 for #1 Petition for Writ of Habeas Corpus (28:2254) (Vieira, Leonardo) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Daniel Domingo Tavares. (Attachments: #1 IFP Part 2)(McKillop, Matthew) (Additional attachment(s) added on 10/12/2018: #2 Exhibits) (McKillop, Matthew). |
| Filing 4 Mail Returned as Undeliverable. Mail re-sent to Daniel Tavares at other known address. 300 Nathan Ellis Hwy. Apt. 30 Mashpee, MA 02649. (McKillop, Matthew) |
| Filing 3 Judge Denise J. Casper: ORDER entered. If petitioner wishes to proceed with this action, no later than Thursday, October 11, 2018, he either must (1) pay the $5.00 filing fee; or (2) file a motion for leave to proceed in forma pauperis accompanied by a certified prison account statement. Failure of petitioner to comply with this directive may result in the dismissal of this action without prejudice. [Order mailed to petition on 9/20/2018 with Application to Proceed in District Court Without Prepaying Fees or Costs.](PSSA, 3) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (McKillop, Matthew) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254, filed by Daniel Domingo Tavares. (McKillop, Matthew) |
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