Mothersell v. F.B.O.P Health Care
| Michael T. Mothersell |
| F.B.O.P Health Care and Central Falls Detention Facility Corporation |
| 1:2019cv00403 |
| July 25, 2019 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| John J McConnell |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 19, 2019. A more recent docket listing may be available from PACER.
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TEXT ORDER DENIED without prejudice in view of the Court's Order granting Defendant's Unopposed Motion to Dismiss but granting Plaintiff leave to file an Amended Complaint. #22 MOTION For Miscellaneous, MOTION For Speedy Trial , MOTION For Consideration ; #23 MOTION For Miscellaneous, MOTION For Speedy Trial , MOTION For Consideration ; #24 Motion to Appoint Counsel ; #26 MOTION For Miscellaneous, MOTION For Speedy Trial , MOTION For Consideration . So Ordered by Magistrate Judge Lincoln D. Almond on 9/19/2019. (Noel, Jeannine)
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TEXT ORDER #20 Motion to Dismiss for Failure to State a Claim. GRANTED absent any timely filed opposition by Plaintiff and for the reasons stated in Defendant's Unopposed Motion to Dismiss. However, out of deference to Plaintiff's pro se status and in light of the Court's prior Order pursuant to 28 USC sec. 1915 limiting and construing Plaintiff's Complaint as only stating a claim as to his medical care while at the Wyatt Detention Facility, Plaintiff is GRANTED leave to file an Amended Complaint in compliance with that Order and Rules 8 and 10, Fed R Civ Proc, against the Wyatt alleging a denial of appropriate medical care which alleges more detailed and specific facts as to his allegations and the legal bases for his claim(s). Plaintiff shall file such Amended Complaint within 30 days. Failure to file an Amended Complaint in compliance with this Order and the applicable rules will result in dismissal of this action. So Ordered by Magistrate Judge Lincoln D. Almond on 9/19/2019. (Noel, Jeannine)
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| MOTIONS REFERRED: #26 MOTION For Miscellaneous, #22 MOTION For Consideration, #24 MOTION to Appoint Counsel, #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, and #23 MOTION For Speedy Trial referred for determination to Magistrate Judge Lincoln D. Almond. (Urizandi, Nisshy) |
| Filing 26 MOTION For Miscellaneous filed by Michael T. Mothersell. Responses due by 9/26/2019. (McGuire, Vickie) |
| Filing 25 Letter from Michael Mothersell. (McGuire, Vickie) |
| Filing 24 MOTION to Appoint Counsel filed by Michael T. Mothersell. Responses due by 9/23/2019. (McGuire, Vickie) |
| Filing 23 MOTION For Speedy Trial filed by Michael T. Mothersell. Responses due by 9/24/2019. (McGuire, Vickie) Modified on 9/10/2019 (McGuire, Vickie). |
| Filing 22 MOTION For Consideration filed by Michael T. Mothersell. Responses due by 9/23/2019. (McGuire, Vickie) |
| Filing 21 Letter from Michael Mothersell (Attachments: #1 Exhibit) (McGuire, Vickie) Modified on 9/10/2019 (McGuire, Vickie). |
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TEXT ORDER denying as premature #16 MOTION For Court Order to Obtain Medical Records . So Ordered by Magistrate Judge Lincoln D. Almond on 9/9/2019. (Noel, Jeannine)
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TEXT ORDER denying as premature #17 MOTION for Court Order to Obtain Medical Records . So Ordered by Magistrate Judge Lincoln D. Almond on 9/9/2019. (Noel, Jeannine)
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TEXT ORDER denying without prejudice #15 Motion to Appoint Counsel. So Ordered by Magistrate Judge Lincoln D. Almond on 9/9/2019. (Noel, Jeannine)
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| MOTIONS REFERRED: #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM referred for Report and Recommendation to Magistrate Judge Lincoln D. Almond. (Urizandi, Nisshy) |
| Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Central Falls Detention Facility Corporation. Responses due by 9/17/2019. (Reeber, Matthew) |
| Filing 18 Letter from Michael Mothersell: Mailed updated docket sheet. (McGuire, Vickie) |
| MOTIONS REFERRED: #16 MOTION For Court Order to Obtain Medical Records , #15 MOTION to Appoint Counsel , #17 MOTION for Court Order to Obtain Medical Records referred for determination to Magistrate Judge Lincoln D. Almond. (Barletta, Barbara) |
| Filing 17 MOTION for Court Order to Obtain Medical Records filed by Michael T. Mothersell. Responses due by 9/12/2019. (Attachments: #1 Envelope)(Potter, Carrie) |
| Filing 16 MOTION For Court Order to Obtain Medical Records filed by Michael T. Mothersell. Responses due by 9/11/2019. (McGuire, Vickie) |
| Filing 15 MOTION to Appoint Counsel filed by Michael T. Mothersell. Responses due by 9/11/2019. (McGuire, Vickie) |
| Filing 14 Letter from Michael Mothersell (Attachments: #1 Exhibit) (McGuire, Vickie) |
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TEXT ORDER: Mr. Mothersell's Motion for Appointment of Counsel #10 is DENIED without out prejudice - So Ordered by District Judge John J. McConnell, Jr. on 8/22/2019. (Urizandi, Nisshy)
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| Filing 13 USMS Indigent Filer Reimbursement Request. (McGuire, Vickie) |
| Filing 12 Process Return and Receipt Executed by United States Marshal, SUMMONS Returned Executed by Michael T. Mothersell. Central Falls Detention Facility Corporation served on 8/9/2019, answer due 8/30/2019. (McGuire, Vickie) |
| Filing 11 Letter dated 8/21/19 regarding plaintiff's medical care (Barletta, Barbara) |
| Filing 10 MOTION to Appoint Counsel filed by Michael T. Mothersell. Responses due by 9/4/2019. (McGuire, Vickie) |
| Filing 9 EXHIBIT IN SUPPORT by Michael T. Mothersell in support of #1 Complaint. (Attachments: #1 Letter & Envelope)(McGuire, Vickie) |
| Filing 8 Letter from Michael Mothersell. (McGuire, Vickie) |
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TEXT ORDER denying without prejudice #5 Motion for TRO. Plaintiff may re-file his motion after defendants' counsel has entered an appearance - So Ordered by District Judge John J. McConnell, Jr. on 8/2/2019. (Urizandi, Nisshy)
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TEXT ORDER denying without prejudice #4 Motion to Appoint Counsel - So Ordered by District Judge John J. McConnell, Jr. on 8/2/2019. (Urizandi, Nisshy)
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| Filing 7 Summons Issued as to Central Falls Detention Facility Corporation. Summons and USM-285 Form have forwarded to the US Marshals Service for service of process. (Attachments: #1 USM 285 Form)(Potter, Carrie) |
| Filing 6 DOCKET NOTE: Summons and USM 285 Form return by Michael Mothersell are unsuitable to issue. The Clerk's Office will issue a corrected summons and USM 285 Form. (Attachments: #1 Envelope) (Potter, Carrie) |
| Filing 5 MOTION for Temporary Restraining Order filed by Michael T. Mothersell. (Attachments: #1 Envelope)(Potter, Carrie) |
| Filing 4 MOTION to Appoint Counsel filed by Michael T. Mothersell. Responses due by 8/15/2019. (Attachments: #1 Envelope)(Potter, Carrie) |
| Filing 3 Letter sent to Michael Mothersell requesting that the Process Receipt and Return form (USM-285) and summons be completed in order for the U.S. Marshals Service to effectuate service pursuant to Fed. R. Civ. P. 4(c)(3). USM -285 form can be found by clicking # here. (Potter, Carrie) |
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TEXT ORDER: The Court has reviewed the Complaint under 28 U.S.C. 1915, and has determined that Mr. Mothersell alleges a complaint of lack of appropriate medical care at the Wyatt Detention Facility, where he is currently detained. (He also complains that he did not receive appropriate care at FBOP Cannan, Allenwood and McCurry.) Because the Complaint states plausible claim for relief under against Wyatt, the Court orders that the Central Falls Detention Facility Corporation be listed as the Defendant in this case and that the summons and complaint (and a copy of this Order) be served upon Wyatt. The Court GRANTS Plaintiff's Motion for Leave to proceed in forma Pauperis (ECF No. #2 ) - So Ordered by District Judge John J. McConnell, Jr. on 7/26/2019. (Urizandi, Nisshy)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Michael T. Mothersell. (Potter, Carrie) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Michael T. Mothersell. (Potter, Carrie) |
| Filing 1 COMPLAINT, filed by Michael T. Mothersell. (Attachments: #1 Civil Cover Sheet, #2 Letter, #3 Envelope)(Potter, Carrie) |
| Filing 1 COMPLAINT, filed by Michael T. Mothersell. (Attachments: #1 Civil Cover Sheet, #2 Letter, #3 Envelope)(Potter, Carrie) |
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