Niemic v. Mass. Dept. of Correction et al

Filing 115

Judge Joseph L. Tauro: ORDER entered. After reviewing the Parties written submissions, this court hereby orders: Plaintiff's Motion for Class Action Certification 12 is DENIED. Plaintiff has not met the heavy burden of Federal Rule 23. Furthe r, Plaintiff, who is pro se, may not appear for others in federal court. Plaintiff's Motion for Appointment of Counsel or Law Student for Trial and/or for Class Action Suit 13 , Supplemental Motion for Appointment of Counsel 100 , and Motion f or Appointment of Counsel or Law Student for Depositions and Trial 106 are all DENIED. This court ACCEPTS and ADOPTS the January 29, 2014 Report and Recommendation 108 of Magistrate Judge Collings. For the reasons set forth in the Report and Rec ommendation, this court hereby orders that Defendant UMass Correctional Health Services (UMCH)s Motion to Dismiss 37 is ALLOWED IN PART and DENIED WITHOUT PREJUDICE IN PART. It is ALLOWED as to all claims asserted under 42 U.S.C. § 1983 and DE NIED WITHOUT PREJUDICE as to all remaining claims. Plaintiff's Emergency Request for Court Intervention 101 is DENIED. Defendants' Motion to Enlarge Time to Response [sic] 104 is ALLOWED. Defendants shall file any motions to dismiss b y February 28, 2014. Plaintiff's Motion for Leave to Take Audio Depositions of the Defendants 105 is DENIED. It is clear from Defendants Opposition that Defendants have supplied Plaintiff with the documents and information he seeks. Audio dep ositions are unnecessary. Plaintiff's Motion for Physical Examination 107 is DENIED. Plaintiff's Motion for an Extension of Time for Responding to This Courts 1-21-14 Order 110 is DENIED. Plaintiff must file his oppositions, if any, to Defendants motions 69 , 84 , 86 , 90 by February 28, 2014, as Magistrate Judge Collings ordered on January 21, 2014. Magistrate Judge Collings generously gave Plaintiff more than a month to file these oppositions, which is longer than the tim e contemplated by the Federal Rules of Civil Procedure. Further, Plaintiff has not offered a good reason for an extension, and, given his multiple filings in this matter since January 21, he clearly has sufficient time to draft briefs for this case. Plaintiff's Motion for Leave to Order the DOC Defendants to Refrain from Confiscating Portions of Plaintiffs Outgoing Legal Mail 111 is DENIED. It is not this courts role to investigate, as Plaintiff requests. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
KEITH NIEMIC,

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Plaintiff,
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v.
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MASSACHUSETTS DEPARTMENT OF *
CORRECTION, et al.,
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Defendants.
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Civil Action No. 13-11402-JLT

ORDER
February 19, 2014
TAURO, J.
After reviewing the Parties’ written submissions, this court hereby orders:
1. Plaintiff’s Motion for Class Action Certification [#12] is DENIED. Plaintiff has not met
the heavy burden of Federal Rule 23. Further, Plaintiff, who is pro se, may not appear for
others in federal court. 1
2. Plaintiff’s Motion for Appointment of Counsel or Law Student for Trial and/or for Class
Action Suit [#13], Supplemental Motion for Appointment of Counsel [#100], and Motion
for Appointment of Counsel or Law Student for Depositions and Trial [#106] are all
DENIED.
3. This court ACCEPTS and ADOPTS the January 29, 2014 Report and Recommendation
[#108] of Magistrate Judge Collings. For the reasons set forth in the Report and
Recommendation, this court hereby orders that Defendant UMass Correctional Health

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See, e.g., Herrera Venegas v. Sanchez-Rivera, 681 F.2d 41, 42 (1st Cir. 1982).

Services (“UMCH”)’s Motion to Dismiss [#37] is ALLOWED IN PART and DENIED
WITHOUT PREJUDICE IN PART. It is ALLOWED as to all claims asserted under 42
U.S.C. § 1983 and DENIED WITHOUT PREJUDICE as to all remaining claims.
4. Plaintiff’s Emergency Request for Court Intervention [#101] is DENIED.
5. Defendants’ Motion to Enlarge Time to Response [sic] [#104] is ALLOWED.
Defendants shall file any motions to dismiss by February 28, 2014.
6. Plaintiff’s Motion for Leave to Take Audio Depositions of the Defendants [#105] is
DENIED. It is clear from Defendants’ Opposition that Defendants have supplied Plaintiff
with the documents and information he seeks. Audio depositions are unnecessary.
7. Plaintiff’s Motion for Physical Examination [#107] is DENIED.
8. Plaintiff’s Motion for an Extension of Time for Responding to This Court’s 1-21-14
Order [#110] is DENIED. Plaintiff must file his oppositions, if any, to Defendants’
motions [#69, 84, 86, 90] by February 28, 2014, as Magistrate Judge Collings ordered on
January 21, 2014. Magistrate Judge Collings generously gave Plaintiff more than a month
to file these oppositions, which is longer than the time contemplated by the Federal Rules
of Civil Procedure. Further, Plaintiff has not offered a good reason for an extension, and,
given his multiple filings in this matter since January 21, he clearly has sufficient time to
draft briefs for this case.
9. Plaintiff’s Motion for Leave to Order the DOC Defendants to Refrain from Confiscating
Portions of Plaintiff’s Outgoing Legal Mail [#111] is DENIED. It is not this court’s role
to “investigate,” as Plaintiff requests.
IT IS SO ORDERED.
/s/ Joseph L. Tauro
United States District Judge
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