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13-10709 - Hicks v. Ryan et al


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13-10709 - Hicks v. Ryan et al
May 9, 2013
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n accordance with Federal Rule of Civil Procedure 4(m). (PSSA, 4)Judge Richard G. Stearns: MEMORANDUM AND ORDER entered granting 2 plaintiff's Motion for Leave to Proceed in forma pauperis and assessing an initial, partial filing fee. The clerk shall issue a summons for service of the complaint on defendant Ryan as to plaintiffs First Amendment Free Exercise claim and Defendant Ryan is required to respond to the complaint. Within forty-two (42) days of the date of this Memorandum and Order, Plaintiff shall show cause why his employment claim under the Americans With Disabilities Act and the remaining Section 1983 claims should not be dismissed, or in the alternative, he shall file an amended complaint. Plaintiffs motion for appointment of counsel (Docket No. 5) is denied without prejudice. Plaintiffs motion for temporary restraining order (Docket No. 6) is denied. Plaintiffs motion to dispense with requirement for security (Docket No. 11) is denied as moot. Plaintiffs motion for service by U.S. Marshal (Docket No. 12) is granted, in part, by permitting plaintiff to elect to have service of the complaint made by the United States Marshal Service on defendant Ryan. Plaintiffs motion to proceed on handwritten motions (Docket No. 13) is allowed. Plaintiffs motion to expedite depositions (Docket No. 15) is denied. Plaintiffs motion for speeding trial/hearing due to precarious health (Docket No. 16) is denied. The Clerk shall send the summons, complaint, and this Order to the plaintiff, who must thereafter serve defendant Ryan i
September 16, 2013
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Judge Richard G. Stearns: MEMORANDUM AND ORDER entered granting UMass Correctional Healths Motion to Dismiss the Amended Complaint (Docket No. 24); granting Amy Grenier and CNA Lucias Motion to Dismiss the Amended Complaint (Docket No. 26). In accordance with this Court's order dated May 9, 2013, and the plaintiff not having shown good cause why the claims, except for the Free Exercise claim against Warden Ryan, should not be dismissed be dismissed, it is ORDERED that the remaining claims against defendants Karen Dinardo, Luis Spencer, UMass Correctional Health; Matthew Arpano, Ms. Powers, Matthew Tolman, Timothy Bariamis, Aimee Grenier, Lucia and the Department of Correction are dismissed pursuant to pursuant to 28 U.S.C. ยง 1915(e)(2). Defendant Ryan is reminded that her answer to the Amended Complaint is due by September 20, 2013. Copy of Memorandum and Order sent by regular mail to plaintiff Hicks. (PSSA, 4)
January 21, 2014
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Judge Richard G. Stearns: MEMORANDUM AND ORDER entered that the motion 32 of defendant Ryan to dismiss or for summary judgment, treated as a motion for summary judgment, is GRANTED; and plaintiffs motion 39 for stay of execution is DENIED. (PSSA, 4)