Lewis v. West Roxbury District Court et al

Filing 48

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 Recommendation 46 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 A LLOWED. 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 Plainti ffs 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)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
KEVIN LEWIS,
Plaintiff,
v.
WEST ROXBURY DISTRICT COURT,
JUDGE MCKINLEY, in his individual
capacity, and COURT CLERK, in his
individual capacity,
Defendants.

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Civil Action No. 12-11544-JLT

ORDER
September 10, 2013
TAURO, J.
This court ACCEPTS and ADOPTS the August 22, 2013 Report and Recommendation
[#46] of Magistrate Judge Boal. For the reasons set forth in the Report and Recommendation, this
court hereby orders that Defendant West Roxbury District Court’s Motion to Dismiss [#12] is
ALLOWED; Defendant Judge Robert McKenna, Jr.’s1 Motion to Dismiss [#14] is ALLOWED;
and Defendant Court Clerk’s Motion to Dismiss [#16] is ALLOWED. Plaintiff’s 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 Plaintiff’s 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

1

Plaintiff listed a “Judge McKinley” as a defendant in this case. Given that subsequent
filings made clear that Plaintiff intended to sue Judge Robert McKenna, Jr., see Report and
Recommendation [#46], Plaintiff’s motion to amend is allowed to the extent that it seeks to fix
this error.

request for injunctive relief. The Motion is DENIED in all other respects. Plaintiff’s second
Motion for Leave to Amend [#37] is DENIED. This case is CLOSED.
IT IS SO ORDERED.

/s/ Joseph L. Tauro
United States District Judge