DiLeo v. Simmons University et al
| Andrew Joseph DiLeo and Pro se litigant Andrew Joseph DiLeo |
| Simmons University and UHS- Fuller doing business as Arbour Fuller Hospital |
| 1:2024cv10005 |
| January 2, 2024 |
| US District Court for the District of Massachusetts |
| Myong J Joun |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 23, 2024. A more recent docket listing may be available from PACER.
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| Filing 17 Judge Myong J. Joun: ELECTRONIC ORDER entered denying without prejudice #13 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. DesRosiers 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 there are exceptional circumstances sufficient to warrant the appointment of counsel, a court must examine the total situation, focusing on the merits of the case, the complexity of the legal issues, and the litigant's ability to represent himself. Id. Here, because the defendants have not responded and have not even been served, the Court cannot yet determine whether this case presents exceptional circumstances that would justify the appointment of pro bono counsel. (York, Steve) |
| Filing 16 Copy re 15 Order on Motion for leave to electronically file Pro Se, mailed to Andrew Joseph DiLeo on 2/7/2024. (Dore, Samantha) |
| Filing 15 Judge Myong J. Joun: ELECTRONIC ORDER entered granting #12 Motion for leave to electronically file Pro Se. Pro se litigants must have an individual PACER account to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at #https://pacer.uscourts.gov/register-account.Pro se e-filing account Instructions #https://www.mad.uscourts.gov/caseinfo/nextgen-pro-se.htm.If you already have a PACER account with E-Filing access as a pro se litigant, you do not need to register again. Please email tracy_mclaughlin@mad.uscourts.gov. (Dore, Samantha) |
| Filing 14 AMENDED COMPLAINT against Andrew Joseph DiLeo, filed by Andrew Joseph DiLeo. (Attachments: #1 Exhibit)(Dore, Samantha) |
| Filing 13 MOTION to Appointment of Counsel by Andrew Joseph DiLeo.(Dore, Samantha) |
| Filing 12 MOTION for Leave to file electronically Pro Se by Andrew Joseph DiLeo.(Dore, Samantha) |
| Filing 11 Copy re Order on Motion for Leave to Proceed in forma pauperis, #8 Order, #1 Complaint, #9 Notice (Other), #10 Summons Issued, mailed to Andrew Joseph DiLeo on 1/9/2024. (Dore, Samantha) |
| Filing 10 Summons Issued as to Simmons University, UHS- Fuller. 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. (Dore, Samantha) |
| Filing 9 NOTICE TO PLAINTIFF re: service by USMS; copy of L.R. 4.1 (PSSA, 4) |
| Filing 8 Judge Myong J. Joun: ORDER entered. The Clerk shall issue a summons for each Defendant. Plaintiff shall have 90 days from the date of the issuance of the summonses to complete service. Plaintiff is responsible for ensuring that the summonses, complaint, and this Order are served on Defendants. Because Plaintiff is proceeding in forma pauperis, he may elect to have service completed by the United States Marshals Service. If Plaintiff chooses to have service completed by the USMS, he shall provide the agency with a copy of this Order, all papers for service, and a completed USM-285 form for each party to be served. (PSSA, 4) |
| Filing 7 ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun 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 Paul G. Levenson. (Danieli, Chris) |
| Filing 6 Case transferred in from District of Rhode Island; Case Number 1:23-cv-00407. |
TEXT ORDER: The Plaintiff s Motion to proceed in forma pauperis (ECF No. #5 ) is GRANTED. When a party seeks to proceed in forma pauperis the court is obligated to review the claim pursuant to 28 U.S.C. 1915(e) and to dismiss the complaint if it fails to state a claim upon which relief can be granted. Similarly, the Court has the authority under section 1915 to dismiss a case without prejudice when venue is improper. [W]e are obliged to begin by acknowledging a district court's authority under 28 U.S.C. 1915(e) to dismiss sua sponte cases not merely on their merits but also based upon improper venue. Johnson v. Christopher 233 Fed. Appx. 852, 853 (10th Cir. 2007). This case appears to have been brought in the wrong venue. The only link to the District of Rhode Island is Plaintiffs allegation that he resides in Rhode Island. See 28 U.S.C. 1391(b). The Court may therefore dismiss or transfer the matter. 28 U.S.C. 1406(a). The case is therefore transferred to the District of Massachusetts where it appears that venue lies. So Ordered by District Judge Mary S. McElroy on 12/13/2023. (Potter, Carrie)
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| Filing 5 Second MOTION for Leave to Proceed in forma pauperis filed by Andrew Joseph DiLeo. (Attachments: #1 Email)(Gonzalez Gomez, Viviana) |
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TEXT ORDER: Plaintiffs Motion for Leave to Proceed in forma pauperis (ECF No. #2 ) is DENIED as he has not provided sufficient information about monthly expenses to support a claim of indigence. The Plaintiff is directed to pay the filing fee within 30 days or provide the detail required. Failure to do so will result in dismissal. So Ordered by District Judge Mary S. McElroy on 12/8/2023. (Potter, Carrie)
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| Filing 4 NOTICE of EEOC Dismissal and Notice of Rights Charge No. 523-2023-3136 and Charge No. 523-2023-3135, by Andrew Joseph DiLeo re #1 Complaint. (Attachments: #1 Dismissal and Notice Charge No. 523-2023-3135)(Kenny, Meghan) |
| Filing 3 CASE OPENING NOTICE ISSUED (DaCruz, Kayla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Andrew Joseph DiLeo. (DaCruz, Kayla) |
| Filing 1 COMPLAINT, filed by Andrew Joseph DiLeo. (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit A4, #5 Exhibit A5, #6 Exhibit A6, #7 Exhibit A7, #8 Exhibit A8, #9 Exhibit A9, #10 Exhibit B1, #11 Exhibit B2, #12 Exhibit C1, #13 Exhibit C2, #14 Exhibit D, #15 Exhibit E, #16 Exhibit F, #17 Exhibit G, #18 Exhibit H, #19 Exhibit I, #20 Exhibit J, #21 Exhibit K, #22 Exhibit L, #23 Civil Cover Sheet, #24 UHS Summons, #25 Simmons Summons)(DaCruz, Kayla) CLERKS NOTE: Remote electronic access to the document has been restricted by the Clerks Office as it contains one or more personal identifiers. Modified on 10/4/2023 to correct docket text (DaCruz, Kayla). |
| Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (DaCruz, Kayla) |
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