Lewis v. West Roxbury District Court et al
| Massachusetts District Court | |
| Case #: | 1:12-cv-11544 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Aug 17, 2012 |
| Terminated: | Sep 10, 2013 |
Defendant
Court Clerk
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Defendant
McKinley
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Defendant
West Roxbury District Court
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Plaintiff
Kevin Lewis
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GPO
Jan 15 2013
Judge Joseph L. Tauro: MEMORANDUM AND ORDER entered granting 9 Motion for Leave to Proceed in forma pauperis. The $350.00 filing fee shall be collected, in monthly payments, in accordance with 28 U.S.C. § 1915(b)(2). Defendants motion 11 to be relieved from conference requirement of Local Rule 7.1 is granted. Plaintiff's Motion 18 to Appoint Counsel is denied. Plaintiff is granted an extension of time to serve and file his opposition to the defendants' motions, on or before February 1, 2013, and for the defendants to serve and file their reply, if any, on or before February 15, 2013. (PSSA, 4) |
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GPO
Aug 22 2013
Magistrate Judge Jennifer C. Boal: ORDER entered. REPORT AND RECOMMENDATIONS re 14 MOTION to Dismiss filed by McKinley, 37 MOTION for Leave to File filed by Kevin Lewis, 16 MOTION to Dismiss filed by Court Clerk, 26 MOTION for Leave to File filed by Kevin Lewis, 12 MOTION to Dismiss filed by West Roxbury District Court. Recommendation: This Court recommends that the District Judge assigned to this case (1) grant Defendants motions to dismiss (Docket Nos. 12, 14, 16); (2) grant in part and deny in part Lewis first motion for leave to amend (Docket No. 26); and (3) deny Lewis second motion for leave to amend (Docket No. 37). Objections to R&R due by 9/5/2013.(York, Steve) |
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GPO
Sep 10 2013
Judge Joseph L. Tauro: ORDER ON REPORT AND RECOMMENDATIONS entered for 46 Report and Recommendations. This court ACCEPTS and ADOPTS the August 22, 2013 Report and Recommendation46 of Magistrate Judge Boal. For the reasons set forth in the Report and Recommendation, thiscourt hereby orders that Defendant West Roxbury District Courts Motion to Dismiss 12 isALLOWED; Defendant Judge Robert McKenna, Jr.s1 Motion to Dismiss 14 is ALLOWED; and Defendant Court Clerks Motion to Dismiss 16 is ALLOWED. Plaintiffs Motion for Leave to Amend 26 is ALLOWED IN PART and DENIED IN PART. It is ALLOWED to the extent that it seeks leave to (a) substitute Judge McKenna for Judge McKinley; (b) identify Erin Carey as the Court Clerk; (c) amend Plaintiffs claim of negligence and recklessness to negligence pursuant to Mass Tort Claims Act M.G.L.A. 258 s. 2; and (d) eliminate Plaintiff's request for injunctive relief. The Motion is DENIED in all other respects. Plaintiffs second Motion for Leave to Amend 37 is DENIED. This case is CLOSED. IT IS SO ORDERED(Geraldino-Karasek, Clarilde) |