Grant v. Ross et al
Plaintiff: Marsha Grant
Defendant: Kelsey Ross and Rui Santos
Case Number: 1:2018cv12601
Filed: December 18, 2018
Court: US District Court for the District of Massachusetts
Presiding Judge: Richard G Stearns
Nature of Suit: Rent Lease & Ejectment
Cause of Action: 28:1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 4, 2019 Filing 10 AMENDED COMPLAINT against All Defendants, filed by Marsha Grant. (Pacho, Arnold)
January 2, 2019 Filing 9 Copy re 8 Order on Motion to Appoint Counsel, mailed to Marsha Grant on 1/2/2019. (Pacho, Arnold)
January 2, 2019 Filing 8 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #7 Motion to Appoint Counsel. Plaintiff Marsha Grant has filed a request that the court appoint her counsel to represent her in this matter at the government expense. To appoint counsel, "indigent civil litigants," such as plaintiff "possess neither a constitutional nor a statutory right to appointed counsel." Montgomery v. Pinchak, 294 F.3d 492, 498 (3rd Cir. 2002) (recognizing that 28 U.S.C. 1915(e)(1) gives the court statutory authority to request appointed counsel); accord DesRosiers v. Moran, 949 F.2d 15, 23 (1st Cir. 1991) ("[t]here is no absolute constitutional right to a free lawyer in a civil case"). Nearly all pro se parties that institute litigation are untrained in the law and have no experience in researching and preparing legal arguments. In order to obtain appointed counsel, there must be a showing of both indigency and exceptional circumstances. DesRosiers, 949 F.2d at 23; accord Cookish v. Cunningham, 787 F.2d 1, 2 (1st Cir. 1986) ("an indigent litigant must demonstrate exceptional circumstances in his or her case to justify the appointment of counsel"); Weir, 214 F.Supp.2d at 54. To determine whether exceptional circumstances exist, a court "examine[s] the total situation, focusing, inter alia, on the merits of the case, the complexity of the legal issues, and the litigant's ability to represent [her]self." DesRosiers, 949 F.2d at 24; see Weir, 214 F.Supp.2d at 54. In the instant action, the factual issues are not complex. Ms. Grant, a residential tenant of Highland House Apartments in Randolph, Massachusetts, filed a complaint against two Highland House property managers challenging their failure to renew her lease and requirement that she vacate her apartment. The matter is currently before the Quincy District Court. As it appears from Grant's Complaint that this court has no jurisdiction over this landlord/tenant dispute, the motion is denied without prejudice. (MKZ)
December 20, 2018 Filing 7 MOTION to Appoint Counsel by Marsha Grant. (Pacho, Arnold)
December 19, 2018 Filing 6 Judge Richard G. Stearns: MEMORANDUM AND ORDER entered granting #2 Motion for Leave to Proceed in forma pauperis; denying #3 Emergency Motion. If plaintiff wishes to pursue this action, she must file an amended complaint within thirty-five (35) days of the date of this Memorandum and Order. (PSSA, 4)
December 19, 2018 Filing 5 ELECTRONIC NOTICE of Case Re-Assignment. Judge Richard G. Stearns 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 Jennifer C. Boal. (Finn, Mary)
December 19, 2018 Filing 4 NOTICE of Case Assignment. Magistrate Judge Jennifer C. Boal assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary)
December 18, 2018 Filing 3 EMERGENCY MOTION by Marsha Grant. (Attachments: #1 Exhibits)(Kinsella, Devan)
December 18, 2018 Filing 2 MOTION for Leave to Proceed in forma pauperis by Marsha Grant. (Attachments: #1 Attachments) (Kinsella, Devan)
December 18, 2018 Filing 1 COMPLAINT against All Defendants, filed by Marsha Grant. (Attachments: #1 Civil Cover Sheet & Local Category Form, #2 Exhibits) (Kinsella, Devan)

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Defendant: Kelsey Ross
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Defendant: Rui Santos
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Plaintiff: Marsha Grant
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