Lewis v. Thermora et al
| Anthony Lewis |
| C William, The Suffolk County Jail, Lieutenant Thermora, Captain McCathy, Captain Walsh and O'Hara |
| 1:2020cv11259 |
| July 1, 2020 |
| US District Court for the District of Massachusetts |
| Patti B Saris |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 14 NOTICE: re payment of fee (prisoner filer) issued to the Treasurer. (PSSA, 4) |
| Filing 13 Summons Issued as to McCathy, O'Hara, Thermora, Walsh, C William. 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. (Castilla, Francis) |
| Filing 12 NOTICE TO PLAINTIFF (USMS instructions) and L.R. 4.1 (PSSA, 4) |
| Filing 11 Judge Patti B. Saris: ORDER entered. 1.Plaintiffs motion for leave to proceed in forma pauperis (ECF No. 7) is hereby ALLOWED. Pursuant to 28 U.S.C. 1915(b)(2), plaintiff is obligated to make monthly payments of 20 percent of the preceding month's income credited to the prisoner's account until the $350.00 filing fee has been paid in full. The Clerk shall provide a copy of this Order to the treasurer at the Suffolk County Jail along with the standard Notice to Prison form. 2.Plaintiffs motion to appoint counsel (ECF No. 2) is denied without prejudice to renew after the defendants file a response to the complaint.3.Plaintiffs motion to amend (ECF No. 9) to add as a defendant the Suffolk County Jail is DENIED. To the extent Lewis attempts to discovery at this early stage of litigation, his request is premature until the complaint is served and a response is filed. Moreover, prisons and departments thereof generally are not deemed to be persons for purposes of 42 U.S.C. 1983. See, e.g., Owens v. Scott County Jail, 328 F.3d 1026, 1027 (8th Cir. 2003) (holding that county jails are not legal entities amenable to suit); Barnett v. Massachusetts, No. 13-10038-DPW, 2013 WL 210616, *3 (D. Mass. Mar. 11, 2013) (holding that a prison is not a suable entity under Section 1983). Defendant Suffolk County Jail is DISMISSED as to all claims pursuant to 28 U.S.C. 1915(e), 1915A.4.Plaintiffs motion for early intervention mediation hearing (ECF No. 10) is DENIED.5.The Clerk shall issue summonses for service of the complaint (ECF No. 1) on defendants Thermora, William, McCarthy, OHara and Walsh. The Clerk shall send the summonses, complaint, and this Order to the plaintiff, who must thereafter serve these defendants in accordance with Federal Rule of Civil Procedure 4(m).6.Lewis may elect to have service made by the United States Marshals Service. If directed by the plaintiff to do so, the United States Marshals Service shall serve the summonses, complaint, and this Order upon the defendants, in the manner directed by Lewis, with all costs of service to be advanced by the United States. Notwithstanding this Order to the United States Marshal Service, it remains Lewis responsibility to provide the United States Marshal Service with all necessary paperwork and service information.7.Notwithstanding Fed. R. Civ. P. 4(m) and Local Rule 4.1, Lewis shall have 90 days from the date of this Order to complete service.(PSSA, 4) |
| Filing 10 MOTION for Early Intervention Mediation Hearing by Anthony Lewis.(Baker, Casey) |
| Filing 9 MOTION to Amend #1 Complaint to Add Suffolk County Jail as Defendant by Anthony Lewis.(Lara, Miguel) |
| Filing 8 Prisoner Trust Fund Account Statement by Anthony Lewis. (Lara, Miguel) (Main Document 8 replaced on 7/17/2020) (Lara, Miguel). |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Anthony Lewis.(Lara, Miguel) |
| Filing 6 AFFIDAVIT in Support re #1 Complaint filed by Anthony Lewis. (Baker, Casey) |
| Filing 5 Judge Patti B. Saris: ORDER entered. Procedural Order regarding resolution of filling fee. The motion for leave to proceed in forma pauperis is denied without prejudice. Plaintiff must respond within 21 days. (Castilla, Francis) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris 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 Judith G. Dein. (Finn, Mary) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Anthony Lewis.(Castilla, Francis) |
| Filing 2 MOTION/Affidavit to Appoint Counsel by Anthony Lewis.(Castilla, Francis) |
| Filing 1 COMPLAINT against All Defendants, filed by Anthony Lewis. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Castilla, Francis) |
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