Rose v. Federal Bureau of Prisons et al
| Russell Rose |
| Unkown, Named Lieutenants, Unkown BOP Correctional Officer, Unkown Federal Bureau of Prisions Medical Staff, Warden A. Boncher, Federal Bureau of Prisons and Captain FMC Devens, Massachusetts |
| 1:2021cv10306 |
| February 23, 2021 |
| US District Court for the District of Massachusetts |
| Judith G Dein |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on January 5, 2022. A more recent docket listing may be available from PACER.
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| Filing 7 Summons Issued as to A. Boncher, Federal Bureau of Prisons. 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 6 Magistrate Judge Judith G. Dein: ORDER entered. 1.The Clerk shall issue summons for service of the complaint on the Federal Bureau of Prisons and Warden A. Boncher, and the plaintiff shall serve the summons, complaint, consent package, and this Order in accordance with Rule 4 of the Federal Rules of Civil Procedure. 2.At this time, summonses will not issue as to the defendants identified as unknown defendants. If, through discovery, Rose discovers the true name of the unknown defendants, 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 these defendants.3.Because the filing fee has been paid, Rose is required to arrange for service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure. Pursuant to Rule 4(d) of the Federal Rules of Civil Procedure, plaintiffs may choose an alternative to serving the defendants with the summons and complaint by offering the defendants the option to waive service of the summons. See Fed. R. Civ. P. 4(d). The Clerk shall provide Rose with a courtesy copy of the complaint and the following forms: (1) Notice of Lawsuit and Request to Waive Service of Summons (form AO 398) and (2) Waiver of the Service of Summons (form AO 399). Because Rose is not proceeding in forma pauperis, the U.S. Marshals Service will not be ordered to effect service of process and advance the costs of service. 4.The plaintiff shall have 90 days from the date of the issuance of the summons to complete service. (Attachments: #1 consent package)(PSSA, 4) |
| Filing 5 Filing fee/payment: $ 402.00, receipt number 1BST084302 for #1 Complaint (Barbosa, Nilsa) |
| Filing 4 RESPONSE TO COURT ORDER /Prisoner Trust Fund Account Statement by Russell Rose. (Attachments: #1 Exhibit-Procedural Order entered)(Geraldino-Karasek, Clarilde) |
| Filing 3 Magistrate Judge Judith G. Dein: ORDER entered. Procedural Order regarding resolution of filling fee. Plaintiff must respond within 21 days. (Castilla, Francis) |
| Filing 2 NOTICE of Case Assignment. Magistrate Judge Judith G. Dein 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) |
| Filing 1 COMPLAINT against All Defendants, filed by Russell Rose. (Attachments: #1 envelope)(Castilla, Francis) |
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