Phillips v. UMass Correctional Health Care et al

Filing 4

Judge Denise J. Casper: ORDER entered. This action is DISMISSED WITHOUT PREJUDICE. No filing fee shall be assessed.(PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
JOSEPH PHILLIPS,
Plaintiff,
v.
UMASS CORRECTIONAL HEALTH
CARE, et al.,
Defendants.

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Civil Action No. 14-12755-DJC

ORDER
CASPER, J.

March 17, 2015

Joseph Phillips was a named plaintiff in Stote v. UMass Correctional Health, C.A. No. 1310267-NMG, a civil rights action filed by MCI Norfolk inmate John E. Stote in which he and over
one hundred other prisoners claimed that medical care at MCI Norfolk was inadequate.
In an order dated June 25, 2014, the Court ordered that the claims of each plaintiff be severed
and that a separate case be opened up for each individual plaintiff. See id. (D. 20). The order
directed each plaintiff who wanted to prosecute his own claims to pay the $400 filing fee or file an
Application to Proceed in District Court Without Prepaying Fees or Costs within sixty days and that
the failure to pay the fee or seek leave to proceed without payment of the fee may result in dismissal
of the individual action without prejudice. The Clerk mailed a copy of Judge Gorton’s order and
the form Application to Phillips in June 2014.
The sixty-day period has expired without any response from Phillips. The documents the
Clerk sent to him were not returned as undeliverable and a public website (vinelink.com) indicates
that he is still confined at MCI Norfolk.
Accordingly, this action is DISMISSED WITHOUT PREJUDICE. No filing fee shall be
assessed.
So ordered.
/s/ Denise J. Casper
United States District Judge
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