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14-13439 - Barbosa v. James Lencki, et al.


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14-13439 - Barbosa v. James Lencki, et al.
September 10, 2014
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Judge William G. Young: ORDER entered. Within 21 days of this Procedural Order, plaintiff either shall (1) pay the $400.00 filing and administrative fees; or (2) file an application to proceed in forma pauperis accompanied by a certified prison account statement. Failure of the plaintiff to comply with this directive may result in the dismissal of this action.(PSSA, 3)
November 17, 2015
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Judge Allison D. Burroughs: ORDER entered. The Motion to Stay/Amend 21 is DENIED to the extent that Barbosa seeks to stay this action so that he may exhaust state remedies. The Motion to Amend 22 is GRANTED to the extent that Barbosa seeks leave to file an amended complaint. Barbosa shall file the amended complaint within 42 days of the date of this Order, and it must comply with all the requirements set forth in this Order and the Courts September 1, 2015 Order 18. Failure to comply with this directive will result in dismissal of this action without prejudice, although Barbosa will remain obligated to pay the filing fee. This ruling leaves Barbosa the options of filing a § 2254 petition at the appropriate time or filing a later § 1983 claim if his criminal case is adjudicated in his favor. The Clerk shall provide Barbosa with another copy of the Courts September 1, 2015 Order 18. (PSSA, 3)
July 22, 2016
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Judge Allison D. Burroughs: ORDER entered denying 38 Motion to Amend. The amended complaint 31 shall be the operative pleading. The addendum 36 shall not be part of the operative pleading. Should Barbosa seek to supplement or further amend the operative pleading, he must first ask for leave of court to do so in accordance with Rule 15 of the Federal Rules of Civil Procedure. Any motion to supplement or amend must be filed with the proposed document for filing. Any request for relief must be in the form of a motion. Because Barbosa is proceeding in forma pauperis, he may elect to have service completed by the United States Marshals Service with all costs of service to be advanced by the United States. Because none of the parties have entered an appearance, the plaintiff shall serve a copy of this order on the defendants. Service must be completed by October 18, 2016. [Copy of Order and instructions and forms for service by the USMS sent to plaintiff at SBCC on 7/22/2016.] (PSSA, 3)
March 31, 2017
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Magistrate Judge M. Page Kelley: ORDER entered. REPORT AND RECOMMENDATIONS re 128 MOTION to Dismiss filed by Ricardo Miguel Zeferino Barbosa Recommendation: "I RECOMMEND that the Motion to Dismiss Defendant, Sheriff Honorable Michael G. Bellotti Sua Sponte (#128) be ALLOWED." Objections to R&R due by 4/14/2017(Moore, Kellyann)
March 31, 2017
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Magistrate Judge M. Page Kelley: ORDER entered. REPORT AND RECOMMENDATIONS re 139 MOTION for New Trial filed by Ricardo Miguel Zeferino Barbosa Recommendation: "For these reasons, I RECOMMEND that the Motion for a New Trial (#139) be DENIED" Objections to R&R due by 4/14/2017(Moore, Kellyann)
April 10, 2017
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Magistrate Judge M. Page Kelley: ORDER entered. REPORT AND RECOMMENDATIONS re 109 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Frank Cousins, Joshua Wall, Michael Morrissey, Kevin Devlin, Patricia Lencki, Debra Wornum, Mary Kelly, Michael Bellotti, Robert Tenaglia, Adam Lally, Captain Statezni Recommendation: "For all of the reasons stated, I RECOMMEND that Defendants Morrissey, Lally, Bellotti, Kelly, Cousins, Statezni, Wall, Devlin, Wornum, Tenaglia, and Patricia Lencki's Motion to Dismiss (#109) be ALLOWED. Objections to R&R due by 4/24/2017(Moore, Kellyann)
April 10, 2017
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Magistrate Judge M. Page Kelley: ORDER entered. REPORT AND RECOMMENDATIONS re 121 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Matthew H. Valade, Thomas Turco, Bruce Gelb, Steven Silva Recommendation: "For the reasons stated, I RECOMMEND that Defendants Thomas Turco, Bruce Gelb, Steven Silva and Matthew Valade's Motion To Dismiss (#121) be ALLOWED." Objections to R&R due by 4/24/2017(Moore, Kellyann)
April 11, 2017
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Magistrate Judge M. Page Kelley: ORDER entered. REPORT AND RECOMMENDATIONS ONTHE SUA SPONTE DISMISSAL OF DEFENDANTS JAMES LENCKI, JOSEPH LENCKI, AND PAUL KEENAN. "I RECOMMEND that all claims against Defendants James Lencki, Joseph Lencki, and Paul Keenan be DISMISSED." Objections to R&R due by 4/25/2017 (Moore, Kellyann)
April 27, 2017
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Plaintiff's objections, as well as the additional materials. After careful consideration of Plaintiff's objections, the supplemental documents, and the Reports and Recommendations, the recommendations are adopted as the opinion of the CouJudge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff filed objections [ECF No. 165, 166] to Magistrate Judge Kelly's Reports and Recommendations [ECF Nos. 144, 145, 154, 155, 157] as well as some other materials [ECF Nos. 160, 162, 163, 164] which do not specifically pertain to the Reports and Recommendations, but reference prior allegations and attempt to advance some new allegations. The Defendants have not objected to the Reports and Recommendations. The Court has reviewedrt. Plaintiff's motion to appoint counsel and motion to file an amended complaint [ECF No. 166] are DENIED. All remaining defendants are dismissed and the case is closed. A copy of this Order has been mailed to the Plaintiff. (Attachments: # (1) 145 R & R- Adopted, # (2) 154 R & R-Adopted, # (3) 155 R & R-Adopted, # (4) 157 R&R-Adopted) (Montes, Mariliz)