Strahan v. Abbondanzio et al

Filing 11

Judge William G. Young: ORDER entered denying 4 Motion for TRO. The Clerk shall issue summonses as to Frank Abbondanzio and Kevin Buldoc. The United States Marshal shall serve a copy of the summons, complaint, and this order upon the defendants as directed by plaintiff with all costs of service to be advanced by the United States. (PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
RICHARD MAXIMUS STRAHAN,
Plaintiff,
v.
FRANK ABBONDANZIO, et al.,
Defendants.

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CIVIL ACTION NO.
13-30054-WGY

ORDER
YOUNG, D.J.
1.

March 28, 2013

The Clerk shall issue summonses as to Frank Abbondanzio

and Kevin Buldoc.
At this time, the Clerk shall not issue summonses as to the
“Jane Doe” and “Officer John Doe” because these are fictitious
names.

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.
8 (1st Cir. 2007).

See Martínez-Rivera v. Ramos, 498 F.3d 3,

If, through discovery, the plaintiff

discovers the true names of “Jane Doe” and “Officer John Doe,” he
“should act promptly to amend the complaint to substitute the
correct parties and to dismiss any baseless claims.”
n.5.

Id. at 8

He may then also file a motion for issuance of summonses

for these defendants.
2.

Because the plaintiff is proceeding in forma pauperis

(see #7), the United States Marshal shall serve a copy of the
summons, complaint, and this order upon the defendants as

directed by plaintiff with all costs of service to be advanced by
the United States.
3.

The motion for a temporary restraining order (#4) is

DENIED.
The complaint concerns alleged misconduct by the Town of
Montague and its employees, but he does not represent that he has
notified the defendants of his request for a temporary
restraining order.

Instead, Strahan states that he has “notified

the Legal Department of the City of Boston of my having commenced
the instant action.”

Mot. at 1 (emphasis added).

Further, the

Court cannot reasonably infer from the complaint that the
plaintiff is “under threat of imminent arrest without probable
cause by Defendants.”

Id.

SO ORDERED.
/s/ William G. Young
WILLIAM G. YOUNG
UNITED STATES DISTRICT JUDGE

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