McMann et al v. United States of America

Filing 39

Chief Judge Patti B. Saris: ORDER entered that Plaintiff's Motion 34 Requesting an Explanation and to Receive Notice of all Entries on This Docket by the Court is granted as to plaintiffs request for copies of the docket sheet and defendants pleadings to date. The motion shall be DENIED in all other respects. The Clerk will mail a copy of this Order to plaintiff with a copy of the docket sheet and copies of the pleadings filed by defendants to date. (PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
PAUL J. McMANN,
Plaintiff,
v.
UNITED STATES OF AMERICA, et
al.,
Defendants.

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CIVIL NO.
12-11872-PBS

ORDER
October 17, 2013
SARIS, C.J.
Now before the Court are plaintiff Paul McMann’s Motion
(#34) Requesting an Explanation and to Receive Notice of all
Entries on This Docket by the Court as well as his Opposition
(#38) to the defendants' motion for a Stay of Entire Case in
Light of Lapse of Appropriations.
Plaintiff initiated this Bivens action one year ago while he
was pretrial detainee at Wyatt Detention Center.1

The Court’s

records indicate that last April he was convicted by a jury of
wire fraud and was sentenced last week to thirty-seven (37)
months incarceration.

See United States v. McMann, CR 10-10387-

RWZ (sentencing held on October 9, 2013).
On October 3, 2013, the undersigned granted the defendants’
motion to stay this case in light of the lapse in appropriations
and funding to the United States Department of Justice.

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See

Please note that in April 2013, a jury convicted McMann of
wire fraud and last week, on October 9, 2013, Judge Zobel imposed
a 36 month sentence. See United States v. McMann, CR 10-10387-RWZ

Docket No. 37.
Two weeks before the action was stayed, on September 18,
2013, plaintiff filed a motion explaining that he did not receive
a copy of any of the defendants’ pleadings that were filed with
the Court.

See Docket No. 34.

Plaintiff asks the Court to order

the defendants to send him copies of all of their filings.

Id.

He also asks that the Court send him copies of the docket sheet
and pleadings to date.

Id.

A review of the motions filed by the defendants reveals that
each motion includes proof of service on McMann in the form of
certificates of service, as required by Rule 5(d) of the Federal
Rules of Civil Procedure and Local Rule 5.2(b)(2).

Thus,

plaintiff’s motion will be granted as to his request for copies
of the docket sheet and pleadings to date, and denied in all
other respects.
The Court recognizes that plaintiff opposes the stay and
that he requests, at a minimum, a limit to be placed on the
length of the stay.

See Docket No. 38.

However, the Court also

recognizes that the Department of Justice attorneys have been
impacted by the government shutdown.

The Court will now lift the

stay because the President has signed into law a budget
appropriation that restores Department of Justice funding.
Based upon the foregoing, it is hereby ORDERED that
Plaintiff’s Motion (#34) Requesting an Explanation and to Receive

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Notice of all Entries on This Docket by the Court is granted as
to plaintiff’s request for copies of the docket sheet and
defendants’ pleadings to date.

The motion shall be DENIED in all

other respects.
SO ORDERED.
/s/ Patti B. Saris
PATTI B. SARIS
Chief, U.S. District Judge

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