Higgins v. Looker et al

Filing 46

Judge Douglas P. Woodlock: MEMORANDUM AND ORDER entered denying 40 Motion to Reopen Case (Woodlock, Douglas)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
PATRICK HIGGINS,
Plaintiff,
v.
RICHARD LOOKER, NICOLE LEVESQUE,
THOMAS EATON, ROBERT FURTADO,
KENNETH FURTADO, M SCOTT VENTURA,
ROBERT MARQUIS and THE TOWN OF
SWANSEA, MASSACHUSETTS
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
10-11606-DPW

MEMORANDUM AND ORDER
March 26, 2013
The plaintiff seeks to reinstate this civil action closed
administratively when he went into bankruptcy.

The bankruptcy

stay prevented me from considering the defendants’ earlier filed
motion to dismiss and the bankruptcy trustee, declaring
plaintiff’s estate to be without assets, did not elect to pursue
this matter as a chose in action which might otherwise be
considered an asset of the estate.

It is apparent that the

statute of limitations had passed before this case was filed and
that the constitutional claim and its related pursuit of damages
as a substantive matter presents a claim upon which no relief may
be granted.

Rather than reopening the case only to close it

through allowance of the defendants’ motion to dismiss, I hereby
DENY the motion (#40) to reopen and direct the clerk to terminate
the matter on the merits.
/s/ Douglas P. Woodlock
DOUGLAS P. WOODLOCK
UNITED STATES DISTRICT JUDGE