Rodriguez v. Rhode Island Department of Corrections et al
| Daniel Rodriguez |
| Rhode Island Department of Corrections, Officer Rolland, Casey Cullinan, John Moson, Officer Allard, Brian Eastman, Mike Gasper, Herbert McDaniel, Gerard Grandpre, Steve Saritelli, Joshua Macomber, John Adams, Jason Masiello, Lynn Corry, Deputy Warden Rui Diniz, Wayne T. Salisbury, Jr., Megan Taylor, RIDOC Health Services and John/Jane Does 1-5 |
| Office of the Attorney General |
| 1:2025cv00531 |
| October 15, 2025 |
| U.S. District Court for the District of Rhode Island |
| Melissa R DuBose |
| Amy E Moses |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on April 2, 2026. A more recent docket listing may be available from PACER.
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| Filing 21 Letter from Clerk's Office to Daniel Rodriguez re: request for copies in Letter to Clerk filed in ECF entry #17. (Gonzalez Gomez, Viviana) |
| Filing 20 MOTION for Limited Discovery to Identify John/Jane Doe Defendants filed by Daniel Rodriguez. Responses due by 4/16/2026. (Attachments: #1 Supporting Memorandum of Law, #2 Envelope) Docket text modified on 4/2/2026 to match document. (Gonzalez Gomez, Viviana) |
| Filing 19 MOTION to Preserve Evidence (Video, Logs, Use-of-Force Records, Chemical Agent Records, Medical Records, Grievance/Mail Records) filed by Daniel Rodriguez. Responses due by 4/16/2026. (Attachments: #1 Supporting Memorandum of Law, #2 Proposed Order for Preservation of Evidence, #3 Envelope)(Gonzalez Gomez, Viviana) |
| Filing 18 First AMENDED COMPLAINT against All Defendants, filed by Daniel Rodriguez. (Attachments: #1 Memorandum of Law in Support of Amended Complaint Amended Complaint and in Opposition to Dismissal at the Screening or Pleading Stage, #2 Exhibit List, #3 Case Law Summaries and Legal Authority, #4 Appendix A, #5 Appendix B, #6 Appendix C, #7 Filing Packet Cover Sheet, #8 Judge's Roadmap - Pro Se Amended Complaint Overview, #9 Notice of Filing Amended Complaint Packet, #10 Letter to Clerk Originally Stamped 3/11/2026, #11 Envelope) (Gonzalez Gomez, Viviana) |
| Filing 17 NOTICE of Non-Consent to Representation and Intent to Proceed Pro Se, by Daniel Rodriguez. (Attachments: #1 Letter to Clerk Dated 3/27/2026 re: Original Submission Date and Request for Copies, #2 Envelope) (Gonzalez Gomez, Viviana) |
| Filing 16 Notice of Declination of Service filed by Brian Eastman. (Shaw, Matthew) |
| Filing 15 Notice of Acceptance of Service filed by Steve Saritelli, Rhode Island Department of Corrections, Lynn Corry, Jason Masiello, Mike Gasper, Gerard Grandpre, John Moson. Steve Saritelli served on 3/27/2026, answer due 5/26/2026; Rhode Island Department of Corrections served on 3/27/2026, answer due 5/26/2026; Lynn Corry served on 3/27/2026, answer due 5/26/2026; Jason Masiello served on 3/27/2026, answer due 5/26/2026; Mike Gasper served on 3/27/2026, answer due 5/26/2026; Gerard Grandpre served on 3/27/2026, answer due 5/26/2026; John Moson served on 3/27/2026, answer due 5/26/2026. (Shaw, Matthew) |
TEXT ORDER granting #14 Motion to Withdraw as Attorney. Attorney Lauren Victoria Iannelli, Stacey Thomsen, and Jennifer Louise Wood terminated. So Ordered by District Judge Melissa R. DuBose on 3/27/2026. (Urizandi, Nissheneyra)
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| Filing 14 MOTION to Withdraw as Attorney filed by Daniel Rodriguez. Responses due by 4/7/2026. (Thomsen, Stacy) |
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TEXT ORDER denying without prejudice #2 Motion for TRO; denying without prejudice #2 Motion for Preliminary Injunction. So Ordered by District Judge Melissa R. DuBose on 3/20/2026. (Urizandi, Nissheneyra)
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TEXT ORDER granting #13 Motion for Extension of Time The Court is Disinclined to Grant a Further Extension of this Deadline. Notices of Declination or Acceptance shall be filed by March 27, 2026. So Ordered by District Judge Melissa R. DuBose on 2/26/2026. (Urizandi, Nissheneyra)
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| Filing 13 Third MOTION for an Extension of Time Extension of time to accept service on behalf of some defendants filed by Office of the Attorney General. Responses due by 3/11/2026. (Rebello, Rachel) |
| Filing 12 Notice of Acceptance of Service filed by Wayne T. Salisbury, Jr, Megan Taylor, John Adams, Rui Diniz, Officer Allard, Officer Rolland, Herbert McDaniel, Joshua Macomber, Casey Cullinan. Wayne T. Salisbury, Jr served on 2/25/2026, answer due 4/27/2026; Megan Taylor served on 2/25/2026, answer due 4/27/2026; John Adams served on 2/25/2026, answer due 4/27/2026; Rui Diniz served on 2/25/2026, answer due 4/27/2026; Officer Allard served on 2/25/2026, answer due 4/27/2026; Officer Rolland served on 2/25/2026, answer due 4/27/2026; Herbert McDaniel served on 2/25/2026, answer due 4/27/2026; Joshua Macomber served on 2/25/2026, answer due 4/27/2026; Casey Cullinan served on 2/25/2026, answer due 4/27/2026. (Shaw, Matthew) |
| Filing 11 Notice of Declination of Service filed by Office of the Attorney General. (Shaw, Matthew) |
| Filing 10 Notice of Declination of Service filed by Office of the Attorney General. (Shaw, Matthew) |
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TEXT ORDER granting #9 Motion for Extension of Time. Notices of Acceptance or Declination shall be filed on or before February 25, 2026. So Ordered by District Judge Melissa R. DuBose on 1/29/2026. (Urizandi, Nissheneyra)
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| Filing 9 Second MOTION for an Extension of Time to file Notices of Acceptance/Declination of Service filed by Office of the Attorney General. Responses due by 2/6/2026. (Rebello, Rachel) |
| PLRA Filing fee: $ 284.00 received - receipt number 100003364. Total Amount Paid to date: $350.00. (Hill, Cherelle) |
| PLRA Filing fee: $ 66.00 received - receipt number 100003339. Total Amount Paid to date: $66.00. (Gonzalez Gomez, Viviana) |
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TEXT ORDER granting #8 Motion for Extension of Time. Notices of Acceptance or Declination shall be filed by January 26, 2026. So Ordered by District Judge Melissa R. DuBose on 12/31/2025. (Urizandi, Nissheneyra)
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| Filing 8 MOTION for an Extension of Time to file Notices of Acceptance/Declination of Service filed by Office of the Attorney General. Responses due by 1/6/2026. (Shaw, Matthew) |
| Filing 7 NOTICE OF SERVICE: The Court has granted IFP status and ordered the complaint to be served. Pursuant to the Agreement on Service between the U.S. District Court for the District of Rhode Island and the Rhode Island Attorney General, this Notice constitutes service as directed by the Court. Within 30 days, the RI Attorney General shall file a Notice of Acceptance of Service or a Notice of Declination of Service or both if necessary on behalf of the defendant(s) named in the complaint. # Please click here to access the Acceptance of Service form or # Please click here to access the Declination of Service form .Notice of Acceptance or Declination of Service due by 12/26/2025. (Potter, Carrie) |
| Case reassigned to District Judge Melissa R. DuBose and Magistrate Judge Amy E. Moses. District Judge Mary S. McElroy no longer assigned to the case. (Potter, Carrie) |
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CONDITIONAL ORDER APPOINTING PRO BONO COUNSEL: Jennifer Louise Wood, Lauren Victoria Iannelli conditionally appointed as pro bono counsel on behalf of All Plaintiffs. Declination of Pro Bono Appointment due 12/15/2025. So Ordered by District Judge Mary S. McElroy on 11/25/2025. (Potter, Carrie)
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TEXT ORDER. The Plaintiff has filed with his Complaint a Motion to Proceed In Forma Pauperis ("IFP") (ECF No. #2 ), which requires the Court to determine whether the Complaint states a plausible federal claim for relief. Ashcroft v. Iqbal, 556 U.S. 662, 667 (2009) (plausible claim standard); 28 U.S.C. 1915(e)(2)(B)(ii) (screening required). The Court has reviewed the Complaint and determined that it states a plausible claim for relief in its allegation of excessive force in violation of the Eighth Amendment. The IFP Motion is therefore GRANTED. The Plaintiff is not relieved of paying the filing fee but may pay in installments. The Court has computed the first installment, in accordance with the statutory formula, as $241.74, 20% of the larger of the average monthly balance or average monthly deposits during the six months preceding the filing of the petition. The Adult Correctional Institutions ("ACI") is directed to forward that amount to the Clerk of the Court. Each month thereafter, the ACI shall forward an amount equal to 20% of the preceding months income, so long as the account balance is more than $10.00 until the full amount of $350.00 is paid. In accordance with the Agreement between the Court and the Rhode Island Attorney General, service shall be electronic.Because of the similarity between this case and others, it is reassigned to Judge Melissa R. DuBose and Magistrate Judge Amy E. Moses. In addition, the Court conditionally appoints as Pro Bono attorneys Jennifer Wood and Lauren Iannelli. In accordance with the Pro Bono guidelines, they shall confer with the Plaintiff and, on or before December 15, 2025, file an acceptance or declination of a permanent appointment. So Ordered by District Judge Mary S. McElroy on 11/25/2025. (Potter, Carrie)
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TEXT ORDER: The Plaintiff has filed a Motion to Appoint counsel (ECF No. #4 ) to represent him in the ongoing litigation of his Complaint. There is no right to counsel in civil cases, although a Court may, in exceptional cases, appoint an attorney pursuant to 28 U.S.C. 1915(d). There is nothing about the facts of this case that suggest that this case presents an exception. The Motion is therefore DENIED. So Ordered by District Judge Mary S. McElroy on 10/27/2025. (Potter, Carrie)
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| Filing 6 MOTION to Appoint Counsel filed by Daniel Rodriguez. Responses due by 10/29/2025. (Attachments: #1 Affidavit, #2 Envelope)(Hill, Cherelle) |
| Filing 5 Prisoner Trust Fund Account Statement by Daniel Rodriguez. (Attachments: #1 Envelope)(Hill, Cherelle) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Daniel Rodriguez. (Attachments: #1 Affidavit, #2 Envelope)(Hill, Cherelle) |
| Filing 3 EXHIBIT IN SUPPORT by Daniel Rodriguez in support of #1 Complaint, #2 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 17, #17 Exhibit 18, #18 Exhibit 19, #19 Exhibit List, #20 Letter, #21 Envelope)(Hill, Cherelle) |
| Filing 2 Emergency MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction ( Responses due by 10/29/2025.) filed by Daniel Rodriguez. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Declaration, #4 Envelope)(Hill, Cherelle) |
| Filing 1 COMPLAINT, filed by Daniel Rodriguez. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Civil Rights Letter, #4 Table of Contents, #5 Index Page, #6 Letter, #7 Civil Cover Sheet, #8 Envelope)(Hill, Cherelle) |
| Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Hill, Cherelle) |
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