Diaz v. Department of Correction et al
Filing
14
Judge Nathaniel M. Gorton: ORDER entered denying without prejudice 7 Motion to Appoint Counsel ; granting 11 Motion for Leave to Proceed in forma pauperis. The Clerk shall issue summonses as to all defendants except Any all Officials Involved in the Proceedings of Disciplinary Tickets and Grievances, and John Does." The plaintiff shall ensure that each defendant as to whom a summons issues is served with (1) the summons; (2) the complaint; (3) the motion for injunctive relief and su pplement thereto; and (4) this order. Service must be within 90 days of the date the summonses issue. Service must be made in accordance with Rule 4 of the Federal Rules of Civil Procedure and Local Rule 4.1. Because the plaintiff is proceeding in forma pauperis, he may elect to have the United States Marshals Service complete service with all costs of service to be advanced by the United States. (PSSA, 3)
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
LUIS DIAZ,
Plaintiff,
v.
OFFICER JEREMY DREW, et al.,
Defendants.
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Civil Action No.
16-11579-NMG
ORDER
GORTON, J.
1.
The motion for leave to proceed in forma pauperis is
ALLOWED.
2.
Pursuant to 28 U.S.C. § 1915(b)(1), the Court assesses
an initial partial filing fee of $3.33.
The remainder of the
fee, $346.67, shall be collected in accordance with 28 U.S.C.
§ 1915(b)(2).
3.
The Clerk shall send a copy of this order to the
treasurer of the institution having custody of plaintiff.
4.
The Clerk shall issue summonses as to all defendants
except “Any all Officials Involved in the Proceedings of
Disciplinary Tickets and Grievances,” and “John Does” because
neither appellation adequately identifies a specific person.
Although the use of fictitious names to identify defendants is
not favored, situations may arise where the identity of an
alleged defendant cannot be known prior to the filing of a
complaint.
2007).
See Martínez-Rivera v. Ramos, 498 F.3d 3, 8 (1st Cir.
If, through discovery, the plaintiff discovers the true
names of these unnamed defendants, he should act promptly to
amend the complaint pursuant to Rule 15(a) of the Federal Rules
of Civil Procedure to identify the correct parties and their
alleged misconduct and to dismiss any baseless claims.
See id.
at 8 n.5
5.
The plaintiff shall ensure that each defendant as to
whom a summons issues is served with (1) the summons; (2) the
complaint; (3) the motion for injunctive relief and supplement
thereto; and (4) this order.
the date the summonses issue.
Service must be within 90 days of
Service must be made in accordance
with Rule 4 of the Federal Rules of Civil Procedure and Local
Rule 4.1.
6.
Because the plaintiff is proceeding in forma pauperis,
he may elect to have the United States Marshals Service (“USMS”)
complete service with all costs of service to be advanced by the
United States.
If so asked by the plaintiff, the USMS shall
serve a copy of the summonses, complaint, motion for injunctive
relief and supplement thereto, and this order upon the defendants
as directed by plaintiff.
The plaintiff is responsible for
providing the USMS all copies for service and for completing a
USM-285 form for each party to be served.
The Clerk shall
provide the plaintiff with forms and instructions for service by
the USMS.
7.
The motion for the appointment of counsel is DENIED
WITHOUT PREJUDICE to renewal after the defendants have responded
to the complaint.
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So ordered.
/s/ Nathaniel M. Gorton
Nathaniel M. Gorton
United States District Judge
Dated: 9/21/16
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