Negron et al v. Mici et al
| Jose L. Negron and MCI Norfolk's Prisoners |
| Nelson Alves, Michael Hamm, Barbara Baker, Sherry Elliot, MCI Norfolk Medium and Carol A. Mici |
| 1:2021cv10951 |
| June 7, 2021 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 6, 2022. A more recent docket listing may be available from PACER.
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| Filing 60 Copy of Orders [Dkt. # 57, 58, and 59] mailed to Jose Negron on 1/6/2022. (Pacho, Arnold) |
| Filing 59 Judge Richard G. Stearns: ORDER entered. Order of Dismissal. (Pacho, Arnold) |
| Filing 58 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying as moot 40 Motion for TRO; denying as moot #43 Motion; denying as moot #45 Motion to Amend; denying as moot #47 Motion to Dismiss; denying as moot #49 Motion for TRO; denying as moot #50 Motion; denying as moot #55 Motion for Extension of Time to File Response/Reply; denying as moot 56 Motion for Leave to File Document. (RGS, law2) |
| Filing 57 Judge Richard G. Stearns: ELECTRONIC ORDER entered. ORDER DISMISSING CASE.Defendants' motion to dismiss the Amended Complaint is ALLOWED with prejudice. The court agrees with defendants that Negron's Amended Complaint does nothing to remedy the fatal pleading flaws in his original Complaint (indeed, in some instances these flaws have been further compounded). The Amended Complaint thus does not "plausibly narrate a claim for relief." Schatz v. Republican State Leadership Comm., 669 F.3d 50, 55 (1st Cir. 2012).(RGS, law2) |
| Filing 55 MOTION for Extension of Time to File Reply as to #45 MOTION for Leave to Amend, #49 MOTION for Temporary Restraining Order, #50 MOTION to Add, Include Latest Exhibits into Amended Complaint and add New Party Claim, by Jose L. Negron. (Attachments: #1 Affidavit, #2 Exhibits, #3 Certificate of Service, #4 Cover Letter) (Pacho, Arnold) |
| Filing 54 Opposition re #50 MOTION to Add, Include Latest Exhibits into Amended Complaint and add New Party Claim filed by Nelson Alves, Barbara Baker, Sherry Elliot, Michael Hamm, Carol A. Mici. (Guberman, David) |
| Filing 53 Opposition re #49 MOTION for Temporary Restraining Order filed by Nelson Alves, Barbara Baker, Sherry Elliot, Michael Hamm, Carol A. Mici. (Guberman, David) |
| Filing 52 Opposition re #45 MOTION to Amend or, Alternatively, MOTION to Dismiss filed by Nelson Alves, Barbara Baker, Sherry Elliot, Michael Hamm, Carol A. Mici. (Guberman, David) |
| Filing 51 Letter re service to Michael McDonald from Jose L. Negron. (Attachments: #1 Summons to Michael McDonald, #2 Waiver of the Service of Summons, #3 Certificate of Service) (Pacho, Arnold) |
| Filing 50 MOTION to Add, Include Latest Exhibits into the Amended Complaint and New Party Claim by Jose L. Negron. (Attachments: #1 Exhibit A 1-5, #2 Exhibit B 1-30, #3 Exhibit C 1-3, #4 Exhibit D 1-2, #5 Certificate of Service, #6 Cover Letter) (Pacho, Arnold) |
| Filing 49 MOTION for Temporary Restraining Order by Jose L. Negron. (Attachments: #1 Ex. A 1-6, #2 Ex. B 1-5, #3 Ex. C 1-3, #4 Certificate of Service, #5 Cover Letter)(Pacho, Arnold) |
| Filing 48 AMENDED COMPLAINT against Nelson Alves, Carol A. Mici, MCI Norfolk's Prisoners, MCI Norfolk Medium, Sherry Elliot, Barbara Baker, and Michael McDonald, filed by Jose L. Negron. (Attachments: #1 Exhibit, #2 Exhibit) (Pacho, Arnold) |
| Filing 47 MOTION to Dismiss defendant Michael Hamm from the original Complaint by Jose L. Negron. (Pacho, Arnold) |
| Filing 46 MEMORANDUM in Support re #45 MOTION to for Leave to Amend Complaint filed by Jose L. Negron. (Attachments: #1 Exhibits) (Pacho, Arnold) (Main Document 46 replaced on 12/9/2021. Original filing omitted 1st page because of scanning error. Notice regenerated to counsel.) (Pacho, Arnold). |
| Filing 45 MOTION for Leave to Amend Complaint by Jose L. Negron. (Attachments: #1 Exhibits B 1 - 22, #2 Affidavit, #3 Cover Letter, #4 Certificate of Service) (Pacho, Arnold) |
| Filing 44 AFFIDAVIT of Jose Negron in Support re #43 MOTION for Admission of the Record by the Defendants and to Stay Proceedings filed by Jose L. Negron. (Attachments: #1 Exhibits) (Pacho, Arnold) (Main Document 44 replaced on 11/30/2021) (Pacho, Arnold). (Attachment 1 replaced on 11/30/2021) (Pacho, Arnold). Modified on 11/30/2021 to separate exhibits from affidavit (Pacho, Arnold). |
| Filing 43 MOTION for Admission of the Record by the Defendants and to Stay Proceedings by Jose L. Negron. (Attachments: #1 Inmate Affidavits, #2 Certificate of Service) (Pacho, Arnold) |
| Filing 42 Copy re #41 MEMORANDUM & ORDER, mailed to Jose Negron on 11/22/21. (Pacho, Arnold) |
| Filing 41 Judge Richard G. Stearns: MEMORANDUM AND ORDER entered re defendants' motions to dismiss (Dkt #28 ) and for an extension of time (Dkt #39 ), as well as plaintiff Jose Negron's ex parte motions (Dkt # 29 and 37 ) for injunctive relief. For the foregoing reasons, and for reasons stated in defendants' motion to dismiss, defendants' motion to dismiss is ALLOWED without prejudice. Plaintiff is granted thirty-days leave to file a proper amended complaint (on or before December 22, 2021). Defendants' motion (Dkt # 39) is granted as to defendants' request for an enlargement of time. Defendants' request for a stay is moot as the Complaint has been dismissed. (Pacho, Arnold) |
| Filing 39 MOTION for Extension of Time to three days after receipt of notice of Court's ruling on motion to File Oppositions to Plaintiff's Two Ex Parte Motions, MOTION to Stay Proceedings Pending Disposition of Defendants' Motion to Dismiss ( Responses due by 11/29/2021) by Nelson Alves, Barbara Baker, Sherry Elliot, Michael Hamm, Carol A. Mici. (Attachments: #1 Opposition to Ex Parte "Obnoxious Behavior" Motion, #2 Ex A, proposed redactions to "Obnoxious Behavior" Motion, #3 Affidavit of Sierra DeVisscher with Exs A-D, #4 Affidavit of Michael McDonald with Exs A-G, #5 Opposirion to Second Ex Parte Motion)(Guberman, David) |
| Filing 36 Response by Nelson Alves, Barbara Baker, Sherry Elliot, Michael Hamm, Carol A. Mici to #7 Memorandum of Law, #6 Proposed Document(s) submitted . (Attachments: #1 Exhibit Ex. A: 103 DOC 445, #2 Exhibit Ex B: Docket, Suffolk Super. Ct. 1884CV03543, #3 Exhibit Ex. C: Docket, SJC SJ-2020-0728, #4 Exhibit Ex. D: Docket, SJC-13097, #5 Exhibit Ex. E: Negron's Ex Parte Motion For Emergency Postponement)(Guberman, David) |
| Filing 35 US Marshal Process Receipt and Return for summons and complaint. Michael Hamm served Delivered on 9/27/21. (Jones, Sherry) |
| Filing 34 US Marshal Process Receipt and Return for summons and complaint. Commissioner of Corrections served Delivered on 9/27/21 (Jones, Sherry) |
| Filing 33 US Marshal Process Receipt and Return for summons and complaint. Nelson Alves served Delivered on 9/27/21 (Jones, Sherry) |
| Filing 32 US Marshal Process Receipt and Return for summons and complaint. Barbara Baker served Delivered on 9/27/21 (Jones, Sherry) |
| Filing 31 US Marshal Process Receipt and Return for summons and complaint. Shelly Elliott served Delivered on 9/27/21 (Jones, Sherry) |
| Filing 30 US Marshal Process Receipt and Return for summons and complaint. Shelly Elliott served Delivered on 9/27/21 (Jones, Sherry) |
| Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (including supporting memorandum) by Nelson Alves, Barbara Baker, Sherry Elliot, Michael Hamm, Carol A. Mici.(Guberman, David) |
| Filing 27 WAIVER OF SERVICE Returned Executed by Nelson Alves, Carol A. Mici, Michael Hamm, Sherry Elliot, Barbara Baker. Nelson Alves waiver sent on 7/30/2020, answer due 9/28/2020; Carol A. Mici waiver sent on 7/30/2020, answer due 9/28/2020; Michael Hamm waiver sent on 7/30/2020, answer due 9/28/2020; Sherry Elliot waiver sent on 7/30/2020, answer due 9/28/2020; Barbara Baker waiver sent on 7/30/2020, answer due 9/28/2020. (Guberman, David) |
| Filing 26 Copy re [Dkt # 25] Order on Motion for Miscellaneous Relief, mailed to Jose Negron on 9/15/2021. (Pacho, Arnold) |
| Filing 25 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #23 Motion for Leave to have the U.S. Marshals serve the defendants. The Clerk will provide the U.S. Marshals with the paperwork and service information that the plaintiff filed with the court (Dkt # 24-4). (Pacho, Arnold) |
| Filing 24 AFFIDAVIT in Support re #23 MOTION for Leave to have the U.S. Marshals serve the defendants filed by Jose L. Negron. (Attachments: #1 Declaration in Compliance of Services and Process of Summons) (Pacho, Arnold) (Additional attachment(s) added on 9/14/2021: #2 Exhibits, #3 Prisoner Account) (Pacho, Arnold). (Additional attachment(s) added on 9/14/2021: #4 Copies of USMS Process Receipt and Return Forms) (Pacho, Arnold). |
| Filing 23 MOTION for Leave to have the U.S. Marshals serve the defendants by Jose L. Negron. (Attachments: #1 Cover Letter) (Pacho, Arnold) (Additional attachment(s) added on 9/14/2021: #2 Certificate of Service) (Pacho, Arnold). |
| Filing 22 Notice of Request to Waive Service of Summons filed by Jose L. Negron. (Attachments: #1 Declaration, #2 Exhibits) (Pacho, Arnold) |
| Filing 21 Copy re [dkt # 20] Order on Motion for Miscellaneous Relief, Order on Motion for Extension of Time, mailed to Jose Negron on 7/22/21. (Pacho, Arnold) |
| Filing 20 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #14 Motion to Waive Local Rule 7.1(a)(2); granting #15 Motion for Extension of Time to 60 days from allowance of motion to Respond to (1) complaint and (2) motion for preliminary injunction. Response due by 9/20/21. (Pacho, Arnold) |
| Filing 19 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 18 NOTICE TO PLAINTIFF (re: service by USMS) and copy of Local Rule 4.1. (PSSA, 4) |
| Filing 17 NOTICE: re payment of fee (prisoner filer) issued to the Treasurer at MCI Norfolk (PSSA, 4) |
| Filing 16 Judge Richard G. Stearns: ORDER entered 1.Plaintiff's motions (Docket Nos. 2, 10, 12) for leave to proceed in forma pauperis are granted. Plaintiff is assessed an initial, partial filing fee of $21.83 with the remainder of the fee, $328.17, to be assessed and collected in accordance with 28 U.S.C. 1915(b)(2). 2.To the extent the complaint seeks to assert claims on behalf of a class of prisoners at MCI Norfolk, such claims are dismissed without prejudice. As a general rule... an individual appearing pro se may not represent other individuals in federal court, see 28 U.S.C. 1654, and courts have routinely denied a prisoners request to represent a class of prisoners without the assistance of counsel. Vazquez v. Fed. Bureau of Prisons, 999 F.Supp.2d 174, 177 (D.D.C. 2013) (citing cases). Additionally, the local rules of this court prohibit such representation. See L.R. 83.5.5(b). (An individual appearing pro se may not represent any other party and may not authorize any other individual who is not a member of the bar of this district to appear on his or her behalf.). 3.To the extent the complaint names MCI Norfolk Medium as a defendant, it is dismissed as a party to this action. A prison is not a suable entity under 42 U.S.C. 1983. See Stratton v. City of Boston, 731 F. Supp. 42, 26 (D. Mass. 1989) (explaining that because the Boston Police Department is not an independent legal entity but rather a department of the City of Boston, it is not a suable entity); see also Lynch v. City Of Phila., 408 Fed. Appx. 527 (3d Cir. 2011) (a prison system is not a suable entity under 1983); Marsden v. Federal Bureau of Prisons, 856 F. Supp. 832 (S.D.N.Y. 1994) (a jail is not an entity that is amenable to suit.). 4.The Clerk shall issue summonses for service of the complaint on Carol A. Mici, Sherry Elliot, Barbara Baker, Nelson Alves and Michael Hamm. The Clerk shall send the summonses, a copy of the complaint, and this Order to the plaintiff, who must thereafter serve the defendants in accordance with Federal Rule of Civil Procedure 4(m). 5.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. Notwithstanding this Order to the United States Marshals Service, it remains plaintiffs responsibility to provide the United States Marshals Service with all necessary paperwork and service information. 6.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 will be directed to provide plaintiff with a blank Notice of Lawsuit and Request to Waive Service of Summons (form AO 398) and a blank Waiver of the Service of Summons (form AO 399). 7. Notwithstanding Fed. R. Civ. P. 4(m) and Local Rule 4.1, the plaintiff shall have 90 days from the date of issuance of summons to complete service. (PSSA, 4) |
| Filing 15 MOTION for Extension of Time to 60 days from allowance of motion to Respond to (1) complaint and (2) motion for preliminary injunction by Nelson Alves, Barbara Baker, Sherry Elliot, Michael Hamm, Carol A. Mici.(Guberman, David) |
| Filing 14 MOTION Waive Local Rule 7.1(a)(2) by Nelson Alves, Barbara Baker, Sherry Elliot, Michael Hamm, Carol A. Mici.(Guberman, David) |
| Filing 13 NOTICE of Appearance by David A. Guberman on behalf of Nelson Alves, Barbara Baker, Sherry Elliot, Michael Hamm, Carol A. Mici (Guberman, David) |
| Filing 12 MOTION to be Declared Indigent by Jose L. Negron. (Attachments: #1 Affidavit) (Pacho, Arnold) |
| Filing 11 Prisoner Trust Fund Account Statement by Jose L. Negron. (Pacho, Arnold) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis by Jose L. Negron. (Attachments: #1 Certificate of Service) (Pacho, Arnold) |
| Filing 9 Civil Cover Sheet & Category Sheet by Jose L. Negron. (Attachments: #1 Cover Letter) (Pacho, Arnold) |
| Filing 8 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 7 MEMORANDUM OF LAW by Jose L. Negron to #6 Proposed Document(s): Order to Show Cause for a Preliminary Injunction and a Temporary Restraining Order. (Attachments: #1 Exhibit I, #2 Exhibit K, #3 Exhibit L, #4 Exhibit M, #5 Exhibit N, #6 Exhibit O, #7 Exhibit P, #8 Exhibit Q, #9 Exhibit R)(Currie, Haley) |
| Filing 6 Proposed Document(s) submitted by Jose L. Negron. Document received: Order to Show Cause for a Preliminary Injunction and a Temporary Restraining Order. (Currie, Haley) |
| Filing 5 DECLARATION in Compliance with First Class Mail Services and Process of Summons 28 USC § 1746, Fed.R.Civ.P.3-4 Mas.G.L.ch.223 § 31 by Jose L. Negron. (Currie, Haley) |
| Filing 3 AFFIDAVIT of Jose L. Negron in Support re #2 MOTION for Leave to Proceed in forma pauperis filed by Jose L. Negron. (Currie, Haley) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jose L. Negron. (Attachments: #1 Bill of Rights and Declaration with Exhibits)(Currie, Haley) |
| Filing 1 COMPLAINT against All Defendants, filed by Jose L. Negron. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Currie, Haley) |
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