Hill v. UMass Correctional Health Care et al

Filing 14

District Judge Timothy S Hillman: ORDER entered denying 2 Motion ; granting 4 Motion for Leave to Proceed in forma pauperis; denying 6 Motion to Appoint Counsel ; denying 7 Motion for Writ of Habeas Corpus ad testificandum; denying 8 Motion ; denying 10 Motion ; denying 11 Motion to Appoint Counsel. (Castles, Martin)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

MARK V. HILL,
Plaintiff,
v.
UMASS CORRECTIONAL HEALTH
CENTER, et al.,
Defendants.

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CIVIL ACTION
NO. 13-40048-TSH

ORDER
(1)

The motion (#4) for leave to proceed in forma pauperis is granted. Pursuant to 28 U.S.C. §
1915(b)(1), the Court assesses an initial partial filing fee of $25.05. The remainder of the
fee, $324.95, shall be collected in accordance with 28 U.S.C. § 1915(b)(2).

(2)

The Clerk shall issue summonses for service of the complaint on the defendants.

(3)

The Clerk shall send the summonses, complaint, and this Order to the plaintiff, who must
thereafter serve the defendants in accordance with Federal Rule of Civil Procedure 4(m).
The plaintiff may elect to have service made by the United States Marshal Service. If
directed by the plaintiff to do so, the United States Marshal shall serve the summonses,
complaint, and this Order upon the defendants, in the manner directed by the plaintiff, with
all costs of service to be advanced by the United States. Notwithstanding Fed. R. Civ. P.
4(m) and Local Rule 4.1, the plaintiff shall have 120 days from the date of this Order to
complete service.

(4)

The defendants are required to respond to the complaint. See 42 U.S.C. § 1997e(g)(2).

(5)

The plaintiff’s motions (#2, #10) for service by mail are denied.

(6)

The plaintiff’s motions (#6, #11) for appointment of counsel are denied without prejudice
to renew after defendants file responsive pleadings to the complaint.

(7)

The plaintiff’s motion (#7) for a writ of habeas corpus ad testificandum is denied as
premature. If and/or when plaintiff's physical presence is required in this Court for a
conference or hearing, a writ of habeas corpus will issue at that time.

(8)

The plaintiff’s motion (#8) of compliance with L.R. 5.3 is denied as moot.

SO ORDERED.
7/31/13
DATE

/s/ Timothy S. Hillman
TIMOTHY S. HILLMAN
UNITED STATES DISTRICT JUDGE