Wright v. Jane Doe et al
Plaintiff: David Daoud Wright
Defendant: Antone Moniz, Melvin Sprague and Jane Doe
Case Number: 1:2021cv10137
Filed: January 27, 2021
Court: US District Court for the District of Massachusetts
Presiding Judge: M Page Kelley
Referring Judge: Patti B Saris
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 25, 2021 Filing 15 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Patrick C. Lee on behalf of Melvin Sprague, Antone Moniz filed by on behalf of Melvin Sprague, Antone Moniz. (Lee, Patrick)
March 23, 2021 Filing 14 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Patrick C. Lee on behalf of Melvin Sprague, Antone Moniz filed by on behalf of Melvin Sprague, Antone Moniz. (Lee, Patrick)
March 23, 2021 Filing 13 MEMORANDUM in Support re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Antone Moniz, Melvin Sprague. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lee, Patrick)
March 23, 2021 Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Antone Moniz, Melvin Sprague.(Lee, Patrick)
March 8, 2021 Filing 11 SUMMONS Returned Executed; Antone Moniz served on 3/2/2021, answer due 3/23/2021. (Baker, Casey)
March 8, 2021 Filing 10 SUMMONS Returned Executed; Melvin Sprague served on 3/2/2021, answer due 3/23/2021. (Baker, Casey)
February 3, 2021 Filing 9 Summons Issued as to Antone Moniz, Melvin Sprague. 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)
February 1, 2021 Filing 8 NOTICE TO PLAINTIFF (service by USMS, Local Rule 4.1) (PSSA, 4)
February 1, 2021 Filing 7 NOTICE: re payment of fee (prisoner filer) issued to the Treasurer at Donald Wyatt Detention Facility (Rhode Island) (PSSA, 4)
February 1, 2021 Filing 6 Judge Patti B. Saris: ORDER entered 1.Plaintiff's motion for leave to proceed in forma pauperis (ECF No. 2) is hereby ALLOWED. Pursuant to 28 U.S.C. 1915(b)(2), Wright is assessed an initial, partial filing fee of $70.83, pursuant to 28 U.S.C. 1915(b)(1)(B). The remainder of the fee, $279.17, is to be assessed and collected in accordance with 28 U.S.C. 1915(b)(2).2.The Clerk shall issue summons for defendants Moniz and Sprague and the plaintiff shall serve the summons, complaint, and this Order in accordance with Rule 4 of the Federal Rules of Civil Procedure. 3.Because the plaintiff is proceeding in forma pauperis, he may elect to have the United States Marshals Service (USMS) complete service with all costs of service to be advanced by the United States. If so asked by the plaintiff, the USMS shall serve copies of the summons, complaint, and this Order upon the named defendants as directed by plaintiff. The plaintiff is responsible for providing the USMS all copies for service and for completing a USM-285 form for each party to be served. The Clerk shall provide the plaintiff with forms and instructions for service by the USMS. 4. At this time, a summons will not issue as to the defendant identified as Jane Doe, Mental Health Supervisor. If, through discovery, the plaintiff discovers the true name of the Jane Doe defendant, he should act promptly to amend the complaint to substitute the correct parties and to dismiss any baseless claims. Martinez-Rivera v. Sanchez Ramos, 498 F.3d 3, 8 n.5 (1st Cir. 2007). He may then also file a motion for issuance of a summons for this defendant. 5.The plaintiff shall have 90 days from the date of the issuance of the summons to complete service. (PSSA, 4)
January 28, 2021 Filing 5 ELECTRONIC NOTICE of Case RE-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 Marianne B. Bowler. (Finn, Mary)
January 28, 2021 Filing 4 Magistrate Judge M. Page Kelley: ORDER entered. ORDER OF RECUSAL.(Belmont, Kellyann)
January 27, 2021 Filing 3 NOTICE of Case Assignment. Magistrate Judge M. Page Kelley 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)
January 26, 2021 Filing 2 MOTION for Leave to Proceed in forma pauperis by David Daoud Wright. (Attachments: #1 supporting IFP)(Castilla, Francis)
January 26, 2021 Filing 1 COMPLAINT against All Defendants, filed by David Daoud Wright. (Attachments: #1 Civil Cover Sheet)(Castilla, Francis)

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Plaintiff: David Daoud Wright
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Defendant: Antone Moniz
Represented By: Patrick C. Lee
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Defendant: Melvin Sprague
Represented By: Patrick C. Lee
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Defendant: Jane Doe
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