Arroyo v. State of Massachusetts
Filing
18
ORDER denying 10 Motion for Assessment of Damages; denying as moot 13 Motion for Default Judgment; adopting 14 Report and Recommendations; and dismissing the 7 Amended Complaint. So Ordered by Judge William E. Smith on 6/28/13. (Jackson, Ryan)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
___________________________________
)
)
)
Plaintiff,
)
)
v.
)
)
THE COMMONWEALTH OF MASSACHUSETTS, )
DEVAL PATRICK,
)
)
Defendant.
)
___________________________________)
MICHAEL RAY ARROYO,
C.A. No. 12-753 S
ORDER
On February 11, 2013, Plaintiff Michael Ray Arroyo, who had
previously
filed
a
been
pro
granted
se,
leave
handwritten
to
proceed
Amended
in
forma
Complaint
(ECF
pauperis,
No.
7),
naming “The Commonwealth of Massachusetts, Deval Patrick” as the
sole
defendant.
Arroyo
subsequently
filed
a
Motion
for
Assessment of Damages (ECF No. 10) as well as a Motion for
Default Judgment (ECF No. 13).
On May 6, 2013, Magistrate Judge
Patricia A. Sullivan issued a Report and Recommendation (ECF No.
14),
recommending
Assessment
of
that
Damages
this
and
Court
dismiss
deny
his
Arroyo’s
Amended
sponte pursuant to 28 U.S.C. § 1915(e)(2).
Motion
for
Complaint
sua
Plaintiff filed a
handwritten, and largely incoherent, response (ECF No. 16) to
that Report and Recommendation on May 14, 2013.
Because this
Court agrees with Judge Sullivan’s analysis, it now adopts her
Report and Recommendation in its entirety.
Plaintiff’s Motion
for Assessment of Damages is DENIED, his Amended Complaint is
DISMISSED,
and
his
Motion
moot.
IT IS SO ORDERED.
/s/ William E. Smith
William E. Smith
United States District Judge
Date: June 28, 2013
for
Default
Judgment
is
DENIED
as
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