Foreman v. Divris
Petitioner: Errol Foreman
Respondent: Matthew Divris
Case Number: 1:2021cv10077
Filed: January 15, 2021
Court: US District Court for the District of Massachusetts
Presiding Judge: Leo T Sorokin
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 22, 2021 Filing 15 Reset Deadlines; Answer due by 4/7/2021 (Simeone, Maria)
February 22, 2021 Filing 14 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. ALLOWED. Assented to MOTION for Extension of Time to April 7, 2021 to File Answer re #1 Petition for Writ of Habeas Corpus (28:2254). #13 Assented to Motion for Extension of Time. (Currie, Haley)
February 19, 2021 Filing 13 Assented to MOTION for Extension of Time to April 7, 2021 to File Answer re #1 Petition for Writ of Habeas Corpus (28:2254) by Matthew Divris.(Lumelsky, Anna)
February 19, 2021 Filing 12 NOTICE by Matthew Divris -- Statement Regarding Existence of Victim (Lumelsky, Anna)
February 19, 2021 Filing 11 NOTICE of Appearance by Anna E. Lumelsky on behalf of Matthew Divris (Lumelsky, Anna)
February 12, 2021 Filing 10 Return receipt received for certified mail(7012 3050 0000 7255 7891) sent to Respondent Matthew Divrus: Delivered on 2/9/2021 (Montes, Mariliz)
February 5, 2021 Filing 9 NOTICE OF ATTORNEY PAYMENT OF FEES as to #1 Petition for Writ of Habeas Corpus (28:2254) by Petitioner Errol Foreman. Filing fee $ 5, receipt number 0101-8623810. Payment Type : HABEAS CORPUS. (Tumposky, Michael)
February 3, 2021 Filing 8 District Judge Leo T. Sorokin. 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. (Simeone, Maria)
February 2, 2021 Filing 7 Set Deadlines: $5.00 filing fee; or new motion to proceed in forma pauperis accompanied by a certified prison account statement due by 2/22/2021 (Simeone, Maria)
February 1, 2021 Filing 6 District Judge Leo T. Sorokin: ORDER entered. CJA 20: Appointment of Attorney Michael Tumposky(PSSA, 3)
February 1, 2021 Filing 5 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered The motion for leave to proceed in forma pauperis and to appoint counsel #2 is GRANTED in part an DENIED in part. Insofar as Petitioner is seeking a waiver of the $5.00 filing fee, the motion is DENIED without prejudice. A party seeking a waiver of the of the filing fee in a habeas action must include with his motion "an affidavit that includes a statement of all assets such prisoner possesses," 28 U.S.C. s 1915(a)(1), and a "certificate from the warden or other appropriate officer of the place of confinement showing the amount of money or securities that the petitioner has in any account in the institution, Rule 3(a)(2) of the Rules Governing Section 2254 Cases. Petitioner did not include the required certified prison account statement. Petitioner is hereby ordered to (1) pay the $5.00 filing fee; or (2) file a new motion to proceed in forma pauperis accompanied by a certified prison account statement, within 21 days of the date of this order. The motion #2 is GRANTED insofar as Petitioner seeks appointment of Michael Tumposky as counsel according to the provisions of the Criminal Justice Act. Through CPCS, Attorney Tumposky represented Petitioner in all post-conviction proceedings in state court regarding the conviction at issue in this action. Attorney Tumposky's prior representation of Petitioner will promote efficiency here. (PSSA, 3)
January 15, 2021 Filing 4 ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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)
January 15, 2021 Filing 3 MEMORANDUM in Support re #2 MOTION for Leave to Proceed in forma pauperis and to appoint counsel re Petition for Writ of Habeas Corpus, with State Court Opinions as Exhibits filed by Errol Foreman. (Tumposky, Michael)
January 15, 2021 Filing 2 MOTION for Leave to Proceed in forma pauperis and to appoint counsel by Errol Foreman.(Tumposky, Michael).
January 15, 2021 Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254 Fee Status: IFP requested., filed by Errol Foreman. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Category Form)(Tumposky, Michael)

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Respondent: Matthew Divris
Represented By: Anna E. Lumelsky
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Petitioner: Errol Foreman
Represented By: Michael L. Tumposky
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