Botelho v. RIDOC et al
| Joseph Botelho |
| RIDOC, Robert Abbey Achindiba, MD, Eunice Bosede Kola-Idowu, Dr. Clark, MD Leslie Bridgman, Vincent Jackovich, Dorothy Krakue, Jon Doe and Joh Doe |
| 1:2023cv00294 |
| July 12, 2023 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 15, 2023. A more recent docket listing may be available from PACER.
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TEXT ORDER adopting Magistrate Judge Sullivan's unobjected to #6 Report and Recommendations. The Court agrees that Plaintiff's #1 Complaint fails to state a claim upon which relief can be granted but affords Plaintiff thirty days from the date of this order to file an amended pleading. So Ordered by District Judge William E. Smith on 8/15/2023. (Urizandi, Nissheneyra)
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| Filing 7 Letter from Joseph Botelho. (Attachments: #1 Envelope) CLERKS NOTE: Remote electronic access to the document has been restricted by the Clerk's Office as it contains one or more personal identifiers. Please login to CM/ECF to view document (DaCruz, Kayla) Modified on 8/4/2023 to correct docket text (DaCruz, Kayla). |
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Filing 6
REPORT AND RECOMMENDATIONS re #2 MOTION for Leave to Proceed in forma pauperis filed by Joseph Botelho Objections to R&R due by 8/11/2023.. I recommend that Plaintiff's complaint be dismissed because, as written, it fails to state a plausible claim against any of the named Defendants. Nevertheless, because it is possible that Plaintiff may be able to file an amended pleading that plausibly states either a federal law claim or a state law claim over which this Court has subject matter jurisdiction, I recommend that he be given leave to do so within thirty days. If he fails to do so or if the amended pleading still fails to state a plausible federal law claim, I recommend that this case be dismissed with prejudice. If he fails to do so but the amended pleading states state law claims over which this Court lacks subject matter jurisdiction, I recommend dismissal without prejudice. So Ordered by Magistrate Judge Patricia A. Sullivan on 7/28/2023. (Saucier, Martha)
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| Filing 5 EXHIBIT in Support of #1 COMPLAINT, by Joseph Botelho. CLERKS NOTE: Remote electronic access to the document has been restricted by the Clerks Office as it contains one or more personal identifiers. (Kenny, Meghan) This document has been filed under seal pursuant to LR Gen 102 and access is restricted. Please login to CM/ECF to view document(s). |
| Filing 4 Summons Request filed by Joseph Botelho. (Attachments: #1 Letter to Clerk, #2 Envelope)(Kenny, Meghan) |
| Filing 3 Prisoner Trust Fund Account Statement, by Joseph Botelho re: #2 MOTION for Leave to Proceed in forma pauperis. (Attachments: #1 Envelope)(Kenny, Meghan) |
| MOTIONS REFERRED: #2 MOTION for Leave to Proceed in forma pauperis referred for determination to Patricia A. Sullivan. (Urizandi, Nissheneyra) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Joseph Botelho. (Attachments: #1 Envelope)(DaCruz, Kayla) |
| Filing 1 COMPLAINT, filed by Joseph Botelho.CLERKS NOTE: Remote electronic access to the document has been restricted by the Clerks Office as it contains one or more personal identifiers. Please login to CM/ECF to view document(s). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Summons, #5 Cover Letter, #6 Envelope)(DaCruz, Kayla) |
| Case assigned to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. (DaCruz, Kayla) |
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