Gennetti v. Hyam
| John Gennetti, Jr. |
| Ericka Hyam |
| 1:2022cv10229 |
| February 16, 2022 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| P.I.: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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| Filing 6 Judge Denise J. Casper: ORDER entered. ORDER DISMISSING CASE(PSSA, 5) |
| Filing 5 Judge Denise J. Casper: ELECTRONIC ORDER entered. ORDER DISMISSING CASE"Plaintiff's motion to proceed in forma pauperis (D. 2.) is ALLOWED, and this action is DISMISSED without prejudice for lack of subject matter jurisdiction. The plaintiff purports to proceed under federal question jurisdiction under 28 U.S.C. 1331, seeking state statutory protective orders for himself and certain animals. See Compl., Ex. 1, D. 1-3. The Court discerns no basis for assertion of federal question jurisdiction against these defendants. Moreover, it appears that plaintiff is seeking similar relief, at least as to the protection and custody of the dogs, in Middlesex Superior Court in a prior pending action styled, Gennetti v. Gennetti et al., MICV 2181CV00516, Paper No. 1, that was amended the same day as this action was filed, id. at Paper No. 9. Accordingly, even if the Court otherwise had jurisdiction, it would appear subject to abstention under Colorado River abstention doctrine. See Jimenez v. Rodriguez-Pagan, 597 F.3d 18, 27 (1st Cir. 2010). The Clerk is directed to enter a separate order of dismissal." (PSSA, 5) |
| Filing 4 DOCKET SHEET - Mailed to John Gennetti, Jr. on 2/17/2022. (Geraldino-Karasek, Clarilde) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper 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 Jennifer C. Boal. (Finn, Mary) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by John Gennetti, Jr.(Geraldino-Karasek, Clarilde) |
| Filing 1 COMPLAINT against Ericka Hyam, filed by John Gennetti, Jr. (Attachments: #1 Civil Cover Sheet and Category Sheet, #2 Affidavit)(Geraldino-Karasek, Clarilde) (Additional attachment added on 2/16/2022: #3 Exhibits - Restricted pursuant to General Order regarding personal identifiers ) (Geraldino-Karasek, Clarilde). |
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| Plaintiff: John Gennetti, Jr. | |
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| Defendant: Ericka Hyam | |
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