DiSessa v. O'Toole
| Alfred A. DiSessa |
| Timothy L. O'Toole, Jr. |
| 1:2020cv10704 |
| April 9, 2020 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| P.I.: Other |
| 28 U.S.C. ยง 1346 |
| Plaintiff |
Docket Report
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| Filing 10 NOTICE "Form USM 285 is available upon request of the Clerk's Office or can be found at https://www.usmarshals.gov/process/usm285.pdf"(Hohler, Daniel) |
| Filing 9 NOTICE: re payment of fee (prisoner filer) issued to the Treasurer at MCI Shirley (Hohler, Daniel) |
| Filing 8 Summons Issued as to Timothy L. O'Toole, Jr. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Hohler, Daniel) |
| Filing 7 USMS SERVICE INSTRUCTIONS NOTICE (Hohler, Daniel) |
| Filing 6 Judge Indira Talwani: ORDER entered granting #5 Motion for Reconsideration (PSSA 5) (Main Document 6 replaced on 5/11/2020) (Hohler, Daniel). |
| Filing 5 MOTION for Reconsideration re #4 Order on Motion for Leave to Proceed in forma pauperis,,,,,,, by Alfred A. DiSessa. (Attachments: #1 Affidavit PLAINTIFF'S AFFIDAVIT, #2 Exhibit Inmate Transaction Report)(Chamberland, Alfred) |
| Filing 4 Judge Indira Talwani: ELECTRONIC ORDER entered denying #3 Motion for Leave to Proceed in forma pauperis "Plaintiff Alfred DiSessa's ("DiSessa") Motion for Leave to Proceed in forma pauperis pursuant to 28 U.S.C. 1915[#3] is DENIED without prejudice. Disessa's motion neither includes the appropriate affidavit, signed by DiSessa, nor include "a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint... obtained from the appropriate official of each prison at which the prisoner is or was confined. 28 U.S.C. 1915(a)(2). Absent the appropriate affidavit, the Court cannot determine DiSessa's eligibility and assess an initial filing fee. Accordingly, it is FURTHER ORDERED that by May 11, 2020, plaintiff either shall (1) pay the $400.00 filing and administrative fees; or (2) file an application to proceed in forma pauperis accompanied by a certified prison account statement. Failure of the plaintiff to comply with this directive may result in the dismissal of this action. A copy of AO 240 is attached to this Order for DiSessa's use. The Clerk shall send a copy of this Order to the Treasurer's Office at the prison facility in which DiSessa is incarcerated, in order to facilitate any request by him for his certified prison account statement. The Court requests that the Treasurer's Office include in any prison account statement DiSessa's average monthly deposits for the six-month period preceding the date the complaint was filed (April 9, 2020), as well as the average monthly balance for that same period." (PSSA, 5) (PSSA, 5). |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Alfred A. DiSessa. (Attachments: #1 Affidavit Counsel's Affidavit in Support of Motion to Leave to Proceed In Forma Pauperus)(Chamberland, Alfred) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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 Donald L. Cabell. (Finn, Mary) |
| Filing 1 COMPLAINT against TIMOTHY O'TOOLE against Alfred A. DiSessa (Fee Status: IFP granted), filed by Alfred A. DiSessa. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Category / Jurisdiction Sheet)(Chamberland, Alfred) |
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| Defendant: Timothy L. O'Toole, Jr. | |
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| Plaintiff: Alfred A. DiSessa | |
| Represented By: | Alfred P. Chamberland |
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