Fisk v. Pangburn, MD et al
| Jeffrey H Fisk |
| Thomas Pangburn, MD, Maria Angeles, MD, Elana D Sullivan, MD and Noel DiFrasio |
| Shawn Zoldak |
| 1:2022cv40136 |
| November 28, 2022 |
| US District Court for the District of Massachusetts |
| David H Hennessy |
| Richard G Stearns |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 NOTICE: re payment of fee (prisoner filer) issued to the Treasurer at MCI Shirley (PSSA, 4) |
| Filing 32 Request for notice of default by Jeffrey H. Fisk. (Attachments: #1 Affidavit, #2 Cover Letter) (Pacho, Arnold) |
| Filing 31 Copy re 30 Order Referring Case to Magistrate Judge, 29 Notice of Case Reassignment, 28 Order on Motion to Transfer Case, and docket sheet mailed to Jeffrey H. Fisk on 1/6/2023. (Pacho, Arnold) |
| Filing 30 Judge Richard G. Stearns: ELECTRONIC ORDER REFERRING CASE to Magistrate Judge David H. Hennessy. Referred for: Full Pretrial, Dispositive Motions. (Pacho, Arnold) |
| Filing 29 ELECTRONIC NOTICE of Case Reassignment. 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 David H. Hennessy. (Danieli, Chris) |
| Filing 28 Judge Richard G. Stearns: ELECTRONIC ORDER entered ALLOWING IN PART #26 MOTION to Return Jurisdiction to Central Division (Worcester). Any Order of Reference in this case will be transmitted to Magistrate Judge David H. Hennessy. (Pacho, Arnold) |
| Filing 27 AFFIDAVIT in Reply to False Status Report & Return by Jeffrey H. Fisk. (Pacho, Arnold) |
| Filing 26 MOTION to Return Jurisdiction to Central Division (Worcester) by Jeffrey H Fisk. (Attachments: #1 Exhibit A, #2 Cover Letter) (Pacho, Arnold) |
| Filing 25 Letter re request for Jury Trial from Jeffrey H. Fisk. (Attachments: #1 Exhibit, #2 Exhibit) (Pacho, Arnold) |
| Filing 24 STATUS REPORT of Superintendent Shawn Zoldak by Shawn Zoldak. (Gordon, Richard) |
| Filing 23 NOTICE of Appearance by Richard Gordon on behalf of Shawn Zoldak (Gordon, Richard) |
| Filing 22 Copy re 21 Order on Motion to Appoint Counsel was mailed to Jeffrey Fisk on December 9, 2022. (mkz) |
| Filing 21 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #12 Motion to Appoint Counsel. There is no constitutional right to an appointed lawyer in a civil case. See DesRosiers v. Moran, 949 F.2d 15, 24 (1st Cir. 1991). While pro se plaintiff Jeffrey Fisk provides the court with information regarding his financial inability to obtain counsel, a plaintiff must demonstrate that he is indigent and that exceptional circumstances warrant the appointment of counsel. Nearly all pro se parties that institute litigation are untrained in the law and have no experience in researching and preparing legal arguments. Fisk has effectively presented to the court his claims under the Eighth Amendment for inadequate medical care and the facts supporting his claim. At this point in the litigation, the court denies the motion without prejudice to refiling if exceptional circumstances arise. (mkz) |
| Filing 20 Copy re 18 Order on Motion, #19 Notice (Other) mailed to Jeffrey H. Fisk on 12/8/2022. (Pacho, Arnold) |
| Filing 19 NOTICE TO PLAINTIFF (instruction for service by USMS), copy of Local Rule 4.1. (PSSA, 4) |
| Filing 18 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #13 MOTION for U.S. Marshal Service of Process. (Pacho, Arnold) |
| Filing 17 Copy of 14 Order on Motion for Leave to Proceed in forma pauperis, #15 Summonses, 16 Order on Motion for TRO, docket sheet, USMS 285 Forms, and instructions on completing the marshal services forms, mailed to Jeffrey H. Fisk on 12/7/2022. (Pacho, Arnold) |
| Filing 16 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #9 Verified Request for Temporary Restraining Order without prejudice, insofar as the plaintiff is asking the court to grant relief without first hearing from the defendants. Plaintiff is directed to serve the motion with his Complaint and the court will consider the Temporary Restraining Order as a preliminary injunction upon proof of service. (Pacho, Arnold) |
| Filing 15 Summons Issued as to Maria Angeles, MD, Noel DiFrasio, Thomas Pangburn, MD, Elana D Sullivan, MD. 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. (Pacho, Arnold) |
| Filing 14 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #11 Motion for Leave to Proceed in forma pauperis. (Pacho, Arnold) |
| Filing 13 MOTION for U.S. Marshal Service of Process by Jeffrey H. Fisk. (Attachments: #1 Cover Letter) (Pacho, Arnold) |
| Filing 12 MOTION to Appoint Counsel by Jeffrey H. Fisk. (Attachments: #1 News Article) (Pacho, Arnold) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis by Jeffrey H Fisk. (Attachments: #1 Exhibit, #2 Inmate Account Statement) (Pacho, Arnold) |
| Filing 10 Letter/request for reconsideration of Order [Dkt. # 4] from Jeffrey H. Fisk. (Attachments: #1 Exhibit) (Pacho, Arnold) |
| Filing 9 Verified Request for Temporary Restraining Order by Jeffrey H. Fisk. (Attachments: #1 Exhibit) (Pacho, Arnold) |
| Filing 8 ELECTRONIC NOTICE of Case Reassignment. 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 Paul G. Levenson. (Danieli, Chris) |
| Filing 7 Case transferred in from Central Division (Worcester) on 11/30/2022 Case Number 4:22-cv-40136. (Danieli, Chris) |
| Filing 6 Case transferred to Eastern Division (Boston) (Barrows, Jennifer) |
| Filing 5 Copy of #4 Order on Motion for TRO mailed to Plaintiff, Superintendent Shawn Zoldac, and DOC Legal Division on 11/29/2022. (Pacho, Arnold) |
| Filing 4 Judge Richard G. Stearns: MEMORANDUM AND ORDER entered denying without prejudice #2 Motion for TRO. Within 42 days, plaintiff either shall pay the filing fee or file an application to proceed in forma pauperis with a certified prison account statement. The Clerk shall send copies of this Memorandum and Order to Superintendent Shawn Zoldak, MCI Shirley, 104 Harvard Road, P.O. Box 1218, Shirley, MA 01464, and the Department of Correction Legal Division, 70 Franklin Street, Suite 600, Boston, MA 02110, with the directive that a Status Report is to be filed within fourteen (14) days of the date of this Memorandum and Order. (PSSA, 4) |
| Filing 3 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 David H. Hennessy. (Danieli, Chris) |
| Filing 2 MOTION for Temporary Restraining Order by Jeffrey H Fisk.(Barrows, Jennifer) |
| Filing 1 COMPLAINT against All Defendants filed by Jeffrey H Fisk. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Category Form, #4 Cover Letter (IFP))(Barrows, Jennifer) |
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