Nicholas v. UMass Correctional Health Care et al

Filing 3

Magistrate Judge Marianne B. Bowler: ORDER entered. If Brett Nichols wishes to proceed with this action, he must, within forty-two (42) days of the date of this Procedural Order either pay the $400 filing fee or seek leave to proceed without pr epayment of the filing fee by filing an Application to Proceed in District Court Without Prepaying Fees or Costs and a certified six-month prison account statement. Failure to pay the fee or seek leave to proceed without prepayment of the fee will r esult in the dismissal of this action without prejudice. Nichols may also file an amended complaint, which would supercede the original complaint. [Copy of 06/25/2014 Memorandum and Order, Application to Proceed in District Court Without Prepaying Fees or Costs, and pages from complaint sent to plaintiff.](PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
BRETT NICHOLS,
Plaintiff,
v.

CIVIL ACTION NO.
14-12797-MBB

UMASS CORRECTIONAL HEALTH CARE, et al.,
Defendants.
PROCEDURAL ORDER
October 8, 2014
BOWLER, U.S.M.J.
Plaintiff Brett Nichols (mistakenly entered on docket as
Brett Nicholas), originally filed a joint complaint that was part
of a multi-plaintiff civil rights action.

See Stote, et al. v.

UMASS Correctional Health Care, et al., C.A. No. 13-10267-NMG
(the “2013 action”).

The 2013 action was initiated by MCI

Norfolk inmate John E. Stote concerning alleged inadequate
medical care at MCI Norfolk.
On June 25, 2014, the judge assigned to the 2013 action
severed the individual prisoner claims into separate cases.

See

No. 13-10267-NMG, 06/25/2014 Memorandum and Order (the "June
Order), Docket #20.

The June Order directed each plaintiff who

wished to prosecute his own claims to pay the $400 fling fee or
file an Application to Proceed in District Court Without
Prepaying Fees or Costs within sixty days and that failure to pay
the fee or seek leave to proceed without prepayment of the fee
may result in dismissal of the individual action without
prejudice.

Id.

Pursuant to the directives of the June Order, the Clerk

opened a new case for Nichols.

See Docket, 14-12797-MBB.

Order was mailed to Nichols on June 30, 2014.

The

Id.

Nichols has not responded to the Court’s order and a search
of the on-line Victim Information & Notification Everyday
(VineLink) homepage reveals that he is now in custody at the
Massachusetts Treatment Center.

See VineLink Offender Locator,

http://www.vinelink.com (last visited Oct. 5, 2014).
ACCORDINGLY, if Brett Nichols wishes to proceed with this
action, he must, within forty-two (42) days of the date of this
Procedural Order either pay the $400 filing fee or seek leave to
proceed without prepayment of the filing fee by filing an
Application to Proceed in District Court Without Prepaying Fees
or Costs and a certified six-month prison account statement.
Failure to pay the fee or seek leave to proceed without
prepayment of the fee will result in the dismissal of this action
without prejudice.

Nichols may also file an amended complaint,

which would supercede the original complaint.
The Clerk shall send to Brett Nichols with a copy of this
Procedural Order: (1) a copy of the 06/25/2014 Memorandum and
Order; (2) an Application to Proceed in District Court Without
Prepaying Fees or Costs; (3) the portion of the complaint [pages
135-136] containing Nichols’ statement of his individual claim;
and (4) the portions of the complaint [pages 1-20 and 173-185]
common to all plaintiffs.

SO ORDERED.
/s/ Marrianne B. Bowler USMJ
MARIANNE B. BOWLER
United States Magistrate Judge

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