Littler v. State of Massachuestts

Filing 12

Judge Richard G. Stearns: ORDER entered denying 11 Motion to Stay and dismissing this action. The Clerk is directed to enter a separate Order of Dismissal. (PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 17-11277-RGS
LAWRENCE LITTLER
v.
STATE OF MASSACHUSETTS
ORDER
October 4, 2017
STEARNS, D.J.
On August 14, 2017, the Court allowed Plaintiff’s Application to
Proceed in District Court without Prepaying Fees and denied without
prejudice his Motion for Electronic Filing. At that time, the Court advised
Plaintiff that this action shall be dismissed unless Plaintiff demonstrates
good cause why this action should not be dismissed, or files an amended
complaint. Plaintiff was directed to respond by September 18, 2017.
On September 19, 2017, the Court allowed Plaintiff’s request for
extension of time to file an amended complaint. Plaintiff was granted an
extension until September 30, 2017.
The September 30th deadline has passed and the Plaintiff has not filed
an amended complaint. On October 2, 2017, Plaintiff filed a motion seeking
to have this Court stay the action while he seeks permission to file an appeal

in state court. Plaintiff states, among other things, that the limitations period
may expire on his claim should this case not be stayed. However, Plaintiff
has not specified which claim he seeks to pursue and has not offered any
reason why this action should not be dismissed for the reasons set forth in
the Court’s August 14, 2017 Memorandum and Order.
ACCORDINGLY, for the reasons stated in the August 14, 2017
Memorandum and Order, and for the reasons stated above, it is hereby
ORDERED that:
(1)

Plaintiff's motion for stay (Docket No. 11) is DENIED;

(2)

This action is DISMISSED; and

(3)

The Clerk is directed to enter a separate Order of Dismissal.
SO ORDERED.
/s/ Richard G. Stearns
UNITED STATES DISTRICT JUDGE 

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