Macdonald v. Brighton Police Chief et al

Filing 34

Judge Indira Talwani: ORDER entered denying without prejudice 2 , 14 Motions to Appoint Counsel; denying without prejudice 15 Motion for Extension of Time to File; denying 23 Motion to Amend.If Plaintiff wishes to proceed with this lawsu it, she must, within twenty-one (21) days (1) pay the $402.00 filing fee; or (2) file a renewed Application to Proceed in District Court without Prepayment of Fees or Costs accompanied by a "certified copy of the trust fund account statemen t (or institutional equivalent) for the prisoner for the 6month period immediately preceding the filing of the complaint... obtained from the appropriate official of each prison at which the prisoner is or was confined." 28 U.S.C. § 1915(a)(2). Failure of Plaintiff to comply with this directive will result in dismissal of the action without prejudice. (PSSA, 3)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
KINLEY MACDONALD,
Plaintiff,
v.
BRIGHTON POLICE CHIEF, et al.,
Defendants.

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Civil Action No. 23-10020-IT

ORDER
November 15, 2023
TALWANI, D.J.
The First Circuit having issued its Judgment [Doc. No. 32] affirming this court’s March
15, 2023 Order [Doc. No. 7] denying Plaintiff’s Motion for Leave to Proceed in Forma Pauperis
[Doc. No. 5] and Mandate [Doc. No. 33] returning the matter to this court, the court hereby
orders:
1.

If Plaintiff wishes to proceed with this lawsuit, she must, within twenty-one (21)

days (1) pay the $402.00 filing fee; or (2) file a renewed Application to Proceed in District Court
without Prepayment of Fees or Costs accompanied by a “certified copy of the trust fund account
statement (or institutional equivalent) for the prisoner for the 6−month period immediately
preceding the filing of the complaint . . . obtained from the appropriate official of each prison at
which the prisoner is or was confined.” 28 U.S.C. § 1915(a)(2). Failure of Plaintiff to comply
with this directive will result in dismissal of the action without prejudice. 1

1

If Plaintiff complies with this directive and the court allows Plaintiff to proceed without
prepayment of the filing fee, she will be required to pay the $350 statutory filing fee over time,
regardless of the outcome or duration of the lawsuit. See 28 U.S.C. § 1915(b).

2.

Plaintiff’s Motion for Appointment of Counsel [Doc. No. 2] and Renewed Motion

for Appointment of Counsel [Doc. No. 14] are DENIED without prejudice to renewal if, after
resolution of the filing fee and the court’s review of the complaint under 28 U.S.C. § 1915A, the
court orders that summonses issue.
3.

Plaintiff’s Motion for Enlargement of Time to File [Doc. No. 15] is DENIED

without prejudice. Plaintiff may ask the court for additional time if needed to comply with a
specific deadline.
4.

Plaintiff’s Motion to Amend Complaint [Doc. No. 23] is DENIED. In this motion,

Plaintiff objects to the characterization of this action as a “Prisoner Civil Rights” case. Plaintiff
contends that, because she is a pretrial detainee and her lawsuit does not concern conditions of
her confinement, this lawsuit is not subject to the requirements of the Prison Litigation Reform
Act (“PLRA”). 2 As the First Circuit has affirmed, Plaintiff was a “prisoner” as defined by the
PLRA when she filed this action. Judgment [Doc. No. 32], citing 28 U.S.C. § 1915(h).
Accordingly, Plaintiff is subject to the requirements of the PLRA regardless of the nature of the
action.
IT IS SO ORDERED.

November 15, 2023

2

/s/ Indira Talwani
United States District Judge

Plaintiff also states that she has been denied copies of her prior filings. Id. The court is unaware
of any specific request for a copy of a filing, but as a courtesy, the clerk shall forward Plaintiff a
copy of her original Complaint [Doc. No. 1].
2