Burrell v. Kenneway et al
Damante Burrell |
Tyler P. DeStefano, Richard L. Morales, Superintendent Steven Kenneway and Dean Gray |
1:2020cv11776 |
September 30, 2020 |
US District Court for the District of Massachusetts |
Allison D Burroughs |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 |
None |
Docket Report
This docket was last retrieved on March 24, 2022. A more recent docket listing may be available from PACER.
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Filing 11 Summons Issued as to All Defendants. 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 10 NOTICE TO PLAINTIFF re: service by USMS and Local Rule 4.1. (PSSA, 4) |
Filing 9 NOTICE: re payment of fee (prisoner filer) issued to the Treasurer at Souza Baranowski Correctional Center (PSSA, 4) |
Filing 8 Judge Allison D. Burroughs: ORDER entered. 1.Plaintiff's Motion to Proceed In Forma Pauperis (ECF No. 6) is ALLOWED. Pursuant to 28 U.S.C. 1915(b)(1), the Court assesses an initial partial filing fee of $22.10. The remainder of the fee, $327.90, shall be collected in accordance with 28 U.S.C. 1915(b)(2).2.Plaintiff's Motion to Appointment Counsel (ECF No. 2) is DENIED without prejudice. Although pursuant to the 28 U.S.C. 1915(e)(1), the Court may request an attorney to represent any person unable to afford counsel, it is well settled that [t]here is no absolute constitutional right to a free lawyer in a civil case. DesRosiers v. Moran, 949 F.2d 15, 23 (1st Cir. 1991). Nearly all pro se parties that institute litigation in federal court are untrained in the law and have no experience in researching and preparing legal arguments. At this early stage of the litigation, the Court finds that plaintiff has not met his burden of demonstrating that the legal issues are especially complex or beyond his comprehension.3.The Clerk shall issue summonses for service of the complaint and shall send the summonses, a copy of the complaint, and this Order to the plaintiff, who must serve the defendants with these documents in accordance with Federal Rule of Civil Procedure 4(m).4.The plaintiff 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 above-referenced documents and this Order upon the defendants, in the manner directed by the plaintiff, with all costs of service to be advanced by the United States. It is plaintiffs responsibility to provide the United States Marshal Service with all necessary paperwork and service information. Notwithstanding Fed. R. Civ. P. 4(m) and Local Rule 4.1, the plaintiff shall have 90 days from the date of this Order to complete service.(PSSA, 4) |
Filing 7 Prisoner Trust Fund Account Statement by Damante Burrell. (McDonagh, Christina) |
Filing 6 MOTION for Leave to Proceed in forma pauperis by Damante Burrell.(McDonagh, Christina) |
Filing 5 Judge Allison D. Burroughs: 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 Allison D. Burroughs 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 M. Page Kelley. (Finn, Mary) |
Filing 3 MOTION for Leave to Proceed in forma pauperis by Damante Burrell.(Castilla, Francis) |
Filing 2 MOTION to Appoint Counsel by Damante Burrell.(Castilla, Francis) |
Filing 1 COMPLAINT against All Defendants, filed by Damante Burrell.(Castilla, Francis) |
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