Jutkiewicz v. Roldan

Filing 14

Judge F. Dennis Saylor, IV: MEMORANDUM AND ORDER entered. Defendant Maichle's 12 motion to dismiss is GRANTED.(Cicolini, Pietro)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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KAREN JUTKIEWICZ,
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Plaintiff,
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v.
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WANDA ROLDAN, WILLIAM
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McGONAGLE, GAIL LIVINGSTON,
BETSY GALICIA, HELENE C. MAICHLE, )
ELLEN BRADY, and PHILLIS CORBITT, )
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Defendants.
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Civil Action No.
13-10998-FDS

MEMORANDUM AND ORDER ON DEFENDANT
MAICHLE’S MOTION TO DISMISS
SAYLOR, J.
Plaintiff, a resident of Boston public housing, has filed a pro se complaint against the
Boston Housing Authority (“BHA”) and various BHA employees, alleging violations of her civil
rights and of her lease. In particular, plaintiff asserts that defendant Helene C. Maichle, an
attorney who represents the BHA, “refuses to even listen to [her] side,” “will only listen to the
Housing Authority and their employees,” and “cuts [her] off.” (Dkt. No. 9 at 17-18). Maichle
has moved to dismiss the case pursuant to Fed. R. Civ. P. 12(b)(6). Here, even reading the facts
in the light most favorable to the non-moving party, see Ruiz v. Bally Total Fitness Holding
Corp., 496 F.3d 1, 5 (1st Cir. 2007), the complaint has failed to state a claim upon which relief
can be granted as to defendant Maichle. Accordingly, the motion to dismiss is granted.

So Ordered.

Dated: October 15, 2013

/s/ F. Dennis Saylor
F. Dennis Saylor IV
United States District Judge