DiLeo v. Simmons University et al
| Andrew Joseph DiLeo |
| Simmons University and UHS- Fuller doing business as Arbour Fuller Hospital |
| 1:2023cv00407 |
| October 4, 2023 |
| US District Court for the District of Rhode Island |
| Mary S McElroy |
| Patricia A Sullivan |
| Civil Rights: Other |
| 42 U.S.C. ยง 1981 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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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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| DOCKET NOTE: The case was extracted and transferred to the District of Massachusetts on 12/13/2023 (Potter, Carrie) |
| 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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