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15-13892 - Muldoon v. Department of Correction et al


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15-13892 - Muldoon v. Department of Correction et al
March 29, 2016
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Judge Denise J. Casper: ORDER entered granting 2 Motion for leave to proceed in forma pauperis; denying without prejudice 3 Motion for temporary restraining order; granting 8 Motion for leave to Amend. Pursuant to 28 U.S.C. § 1915(b)(2), plaintiff is obligated to make payments towards the $350.00 statutory filing fee through monthly payments of 20 percent of the preceding month's income credited to his prison account, each time the amount in the account exceeds $10.00, until the filing fee has been paid in full.The Clerk shall send the summonses, amended 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, amended 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. The plaintiff shall have 90 days from the date of this Order to complete service. The Clerk mailed a copy of this order to plaintiff at the address listed on the docket. (PSSA, 4)
February 7, 2017
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survive. (Hourihan, Lisa)Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court DENIES Muldoon's request for oral argument related to a motion for sanctions on Defendants' attorney Jennifer Staples, D. 52, and DENIES Muldoon's motion for sanctions against Defendants' attorney Jennifer Staples, D. 54. The Court DENIES as premature Muldoon's motion for extension of time to complete discovery, D. 56, DENIES without prejudice Muldoon's motion for an order to preserve evidence, D. 57, and DENIES as premature Muldoon's motion to compel Defendants to respond to his first request for production of documents, D. 71. As to Defendants' motion to dismiss, the Court ALLOWS in part and DENIES in part Defendants motion to dismiss, D. 40, in that: All claims raised against MDOC are DISMISSED. All § 1983 claims seeking damages against Higgins O'Brien, Baker and Medeiros in their official capacities are dismissed. All MCRA claims (Counts I and III) are dismissed. The right of access to courts claim (Count I) survives only as to Muldoon's June 17, 2014 allegations. Muldoon's supervisory liability claim against Higgins O'Brien is DISMISSED. Count II is DISMISSED as to damages liability for the opening of Muldoon's medical mail and as to Muldoon's photocopying claims against Higgins O'Brien, Medeiros and Baker in their personal capacities. All other Count II claims survive. Count III survives as to Muldoon's outgoing legal mail claim only. The § 32 claim (Count IV) survives only as to Medeiros. The HIPAA claim is DISMISSED. The claim for declaratory judgment survives only to the extent that the substantive counts (or portions of the substantive counts)