In Re: Albert Gagne (Enjoined Litigant)

Filing 2

Chief Judge Mark L. Wolf: ORDER entered. Accordingly, because Gagne's claims could not entitle him torelief, it is hereby ORDERED that Gagne's petition requesting leave to file a complaint (Docket No.1) is DENIED. (O'Leary, Dennis)

In Re: Albert Gagne (Enjoined Litigant)

Doc. 2

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ALBERT GAGNE, Plaintiff, v. MARK DUNDERDALE, DIRECTOR OF THE ARCHDIOCESE OF BOSTON, Defendants. ) ) ) ) ) ) ) ) ) ORDER

C.A. No.

10-10318-MLW

WOLF, D.J.

October 4, 2010

Albert Gagne has been enjoined from filing further complaints without leave of court. See Sept. 20, 2010 Order, Gagne v. Nagel On September 29, 2010, Gagne filed

et al., C.A. No. 10-10297-MLW.

a petition requesting leave to file a complaint against defendants Mark Dunderdale and Director of Archdiocese of Boston (the

"defendants"), in which he alleges violations of the Eighth and Fourteenth Amendments. Claims under these amendments require state action. See DeShaney v. Winnebago County Department of Social

Services, 489 U.S. 189 (1989); Pike v. Guarino, 492 F.3d 61, 78 (1st Cir. 2007); see also Rendell-Baker v. Kohn, 457 U.S. 830, 837 (1982), Marshall v. Honeywell Tech. Solutions, Inc., 536 F. Supp. 2d 59, 66 (D.D.C. 2008). Gagne does not assert that the proposed

defendants are state actors. Accordingly, because Gagne's claims could not entitle him to relief, it is hereby ORDERED that Gagne's petition requesting leave

Dockets.Justia.com

to file a complaint (Docket No.1) is DENIED.

/s/ Mark L. Wolf UNITED STATES DISTRICT JUDGE

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