Ives v. Agastoni et al

Filing 10

Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: Having reviewed the Report and Recommendation, de novo, the court finds that it is entirely correct as a matter of law and that Plaintiffs complaint must be dismissed. For the reasons stated, the motion to proceed in forma pauperis (Dkt. No. 2 ) is ALLOWED. And the court hereby ADOPTS Judge Robertsons Report and Recommendation (Dkt. No. 9 ). Based upon this, the complaint is ordered DISMISSED. This case may now be closed. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
TAMMY IVES,
Plaintiff,

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v.
JOHN AGASTONI, ET AL.,
Defendants.

C.A. NO. 15-cv-30153-MAP

MEMORANDUM AND ORDER REGARDING
REPORT AND RECOMMENDATION ON PLAINTIFF’S MOTION
TO PROCEED IN FORMA PAUPERIS AND FOR SUMMARY DISMISSAL
(Dkt. Nos. 2 & 9)
January 5, 2016
PONSOR, U.S.D.J.
Plaintiff, proceeding pro se, filed this civil action
pursuant to 42 U.S.C. § 1983 against two judges of the
Superior Court Department of the Massachusetts Trial Court
and the Clerk of the Berkshire County Superior Court.

The

complaint was referred to Magistrate Judge Katherine A.
Robertson for review of Plaintiff’s application to proceed
in forma pauperis and for pretrial screening.
Following her review, on December 14, 2015, Judge
Robertson issued her Report and Recommendation, to the
effect that the motion to proceed in forma pauperis (Dkt.
No. 2) should be allowed.

However, after completing a

preliminary screening under 28 U.S.C. § 1915(e)(2), Judge
Robertson also recommended that the complaint be dismissed
based on res judicata, immunity, and lack of subject matter

jurisdiction.

The conclusion of the Report and

Recommendation admonished the parties that objections to the
Report and Recommendation would have to be filed within
fourteen days.

See Dkt. No. 9 at n.1.

No opposition has

been filed.
Having reviewed the Report and Recommendation, de novo,
the court finds that it is entirely correct as a matter of
law and that Plaintiff’s complaint must be dismissed.
For the foregoing reasons, the court hereby ADOPTS
Judge Robertson’s Report and Recommendation (Dkt. No. 9).
Based upon this, the complaint is ordered DISMISSED.
case may now be closed.
It is So Ordered.
/s/ Michael A. Ponsor
MICHAEL A. PONSOR
U. S. District Judge

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