Tomas v. Buckley et al

Filing 5

Judge Allison D. Burroughs: ORDER entered granting #3 Motion for Leave to Proceed in forma pauperis; denying without #2 Motion for speedy review. The Clerk shall issue summonses for all the defendants. The plaintiff is responsible for serving the summonses, complaint, and this order on the defendants in compliance with Rule 4 of the Federal Rules of Civil Procedure. (PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
JOSEPH TOMAS,
Plaintiff,
v.
BUCKLEY SAGE, et al.,
Defendants.

*
*
*
*
*
*
*
*
*
*

Civil Action No. 19-cv-12079-ADB

ORDER
BURROUGHS, D.J.
On October 7, 2019, pro se litigant Joseph Tomas filed a civil complaint, a motion for
leave to proceed in forma pauperis, and a motion for the Court to conduct a “speedy review” of
this action. Upon review of these documents, the Court hereby orders:
1.

The motion for leave to proceed in forma pauperis [ECF No. 3] is GRANTED.

2.

The Clerk shall issue summonses for all the defendants. The plaintiff is

responsible for serving the summonses, complaint, and this order on the defendants in
compliance with Rule 4 of the Federal Rules of Civil Procedure.
3.

Because the plaintiff is proceeding in forma pauperis, he may elect to have

service completed by the United States Marshals Service (“USMS”). If the plaintiff chooses to
have service completed by the USMS, he shall provide the agency with all papers for service on
the defendants and a completed USM-285 form for each party to be served. The USMS shall
complete service as directed by plaintiff with all costs of service to be advanced by the United
States. The Clerk shall provide the plaintiff with forms and instructions for service.

4.

The plaintiff shall have 90 days from the date of the issuance of the summonses to

complete service. Failure to complete service in a timely fashion may result in dismissal of the
action without further notice to the plaintiff. See Fed. R. Civ. P. 4(m); Local Rule 4.1
(D. Mass.).
5.

The motion for a speedy review [ECF No. 2] is DENIED WITHOUT

PREJUDICE. It is unclear what relief the plaintiff seeks in this motion. The Court will
adjudicate this case in accordance with the Federal Rules of Civil Procedure and other applicable
law. The next step in this litigation is for the plaintiff to serve the summonses and the complaint
on the defendants.
IT IS SO ORDERED.
10/10/2019
DATE

/s/ Allison D. Burroughs
UNITED STATES DISTRICT JUDGE

2