Gonsalves v. Rodrigues
| Antwan Gonsalves |
| Michael Rodrigues |
| 1:2022cv11994 |
| November 22, 2022 |
| US District Court for the District of Massachusetts |
| Jennifer C Boal |
| Richard G Stearns |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 24 Copy re 23 Order Referring Case to Magistrate Judge, 22 Order on Motion for Order, mailed to Petitioner on 1/20/2023. (Pacho, Arnold) |
| Filing 23 Judge Richard G. Stearns: ELECTRONIC ORDER REFERRING CASE to Magistrate Judge Jennifer C. Boal. Referred for: Report and Recommendations on #1 PETITION for Writ of Habeas Corpus pursuant to 28:2254 (rr). (Pacho, Arnold) |
| Filing 22 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #20 Motion for Order to seal; granting #21 Motion for scheduling Order. BRIEFING ORDER entered. The Respondent, Michael Rodrigues, having answered the petition and filed the state-court record, the court enters the following briefing schedule. Petitioner Antwan Gonslaves to file a brief in support of the petition for habeas corpus on or before 2/24/23, Rodrigues to file and serve a brief in opposition to the petition on or before 3/24/23. Rodrigues shall file his reply, if any, within 14 days from the receipt of the Opposition. (mkz) |
| Filing 21 MOTION for Order to schedule by Michael Rodrigues.(Badway, Eva) |
| Filing 20 MOTION for Order to impound Volume II Supplemental Answer by Michael Rodrigues.(Badway, Eva) |
| Filing 19 RESPONSE/ANSWER to petition for a writ of habeas corpus by Michael Rodrigues. (Attachments: #1 Supplement State court dockets and decisions, #2 Supplement State court trial transcript, #3 Supplement State Court trial transcript, #4 Supplement State Court trial transcript, #5 Supplement State Court trial transcript, #6 Supplement State court trial transcript, #7 Supplement State court trial transcript, #8 Supplement State court trial transcript, #9 Supplement State court trial transcript, #10 Supplement State court trial transcript, #11 Supplement State court trial transcript, #12 Supplement State court trial transcript)(Badway, Eva) |
| Filing 18 Copy re 17 Order on Motion for Leave to Proceed in forma pauperis mailed to Antwan Gonsalves on 12/13/2022. (Pacho, Arnold) |
| Filing 17 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying as moot #15 Motion for Leave to Proceed in forma pauperis, in light of the filing fee having been paid on November 25, 2022. (Pacho, Arnold) |
| Filing 16 Prisoner Trust Fund Account Statement by Antwan Gonsalves. (Pacho, Arnold) |
| Filing 15 MOTION for Leave to Proceed in forma pauperis by Antwan Gonsalves. (Pacho, Arnold) |
| Filing 14 Copy re #1 Petition for Writ of Habeas Corpus (28:2254) mailed to Petitioner on 12/9/2022. (Pacho, Arnold) |
| Filing 13 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #12 MOTION for Extension of Time to January 19, 2023 to Answer the #1 Petition for Habeas Corpus. (Pacho, Arnold) |
| Filing 12 MOTION for Extension of Time to January 19, 2023 to Answer the Petition for Habeas Corpus by Michael Rodrigues.(Badway, Eva) |
| Filing 11 NOTICE by Michael Rodrigues regarding existence of victim (Badway, Eva) |
| Filing 10 NOTICE of Appearance by Eva M. Badway on behalf of Michael Rodrigues (Badway, Eva) |
| Filing 9 Copy re #8 Service Order - 2254 Petition, #1 Petition for Writ of Habeas Corpus (28:2254), and docket sheet mailed to Respondent Michael Rodrigues (at MCI-Shirley) and to the Massachusetts Attorney General on 11/28/2022. Copy of #1 Petition, 7 Order denying motion, and #8 service order, and docket sheet mailed to Petitioner on 11/28/2022. (Pacho, Arnold) |
| Filing 8 Judge Richard G. Stearns: ORDER entered. 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. (Pacho, Arnold) |
| Filing 7 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #3 Motion to Appoint Counsel. Under 28 U.S.C. 1915(e)(1), the Court "may request an attorney to represent any person unable to afford counsel." 28 U.S.C. 1915(e)(1). However, a civil plaintiff lacks a constitutional right to free counsel. See DeRoisers v. Moran, 949 F.2d 15, 23 (1st Cir. 1991). To qualify for appointment of counsel, a party must be indigent and exceptional circumstances must exist such that the denial of counsel will result in fundamental unfairness impinging on the party's due process rights. See id. To determine whether exceptional circumstances exist, a court must examine the total situation, focusing on the likelihood of success on the constitutional claim; the factual complexity and legal intricacy of the claim; and the ability of the prisoner to investigate and develop the factual record necessary to the claim. Cavitt v. Saba, 12-cv-11700-WGY, 2012 WL 4094358, at *1 (D. Mass. Sept. 14, 2012). Based on a consideration of those factors here, the court cannot presently find that the case presents exceptional circumstances warranting the appointment of counsel at this stage of the proceedings. Among other things, the court is not yet able to assess the likelihood of success on the merits, particularly where the respondent has not yet filed a responsive pleading, but nothing about any of the claims suggests that the case presents exceptionally complex or intricate issues necessitating additional investigation or development of the record. Accordingly, the petitioner's motion therefore is DENIED, but without prejudice. (mkz) |
| Filing 6 Filing fee/payment: $ 5.00, receipt number 100001201 for #1 Petition for Writ of Habeas Corpus (28:2254) (Barbosa, Nilsa) |
| Filing 5 Judge Richard G. Stearns: ORDER entered. Procedural Order regarding resolution of filling fee. The motion for leave to proceed in forma pauperis is denied without prejudice. Petitioner must respond within 21 days. (Castilla, Francis) |
| Filing 4 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 Jennifer C. Boal. (Finn, Mary) |
| Filing 3 MOTION to Appoint Counsel (Antwan Gonsalves used MBD FORM ) by Antwan Gonsalves.(Castilla, Francis) |
| Filing 2 MOTION ( CJA 23 Form) for Leave to Proceed in forma pauperis by Antwan Gonsalves.(Castilla, Francis) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254, filed by Antwan Gonsalves.(Castilla, Francis) |
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| Petitioner: Antwan Gonsalves | |
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| Respondent: Michael Rodrigues | |
| Represented By: | Eva M. Badway |
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