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