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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-10-24
Status Open
Type Equity Action Involving An Incarcerated Party
Docket 75 entries

Parties

Plaintiff Negron W 90762, Jose L
Defendant Massachusetts Department Of Corrections|Carol A Mici Individually & As Commissioner Of The Department Of Correction|Michelle Cormier As Department Grievance Manager Individual And Official Capacity|Tracy Westman As Grievance Coordinator Individual And Official Capacity|Mensah Case Program Officer I Individual And Official Capacity|Alves, Nelson

Lawyers

Docket Entries

  1. Notice of Entry of appeal received from the Appeals Court n accordance with Massachusetts Rule of Appellate Procedure 10(a)(3), please note that the above-referenced case (2024-P-0264) was entered in this Court on March 12, 2024.
  2. Case assigned to: DCM Track F - Fast Track was added on 10/24/2022
  3. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed without Supplemental affidavit ALLOWED Subject to review by Judge
  4. Original civil complaint filed.
  5. Civil action cover sheet filed.
  6. Plaintiff Jose L Negron's Motion for Free postage and to correspond with the Courts on the above entitled case number
  7. Plaintiff Jose L Negron's Motion for Declaratory relief Ex-Parte with memorandum of law in support
  8. ORDER: To Commissioner of Correction to provide certain information regarding inmate account relative to plaintiff's Motion to waive filing fee and proceed in Forma Pauperis. By The Court. Notice Sent 10/25/2022.
  9. ORDER: After a review of your petition and correspondence, the Court has instructed the Clerk's Office to take the following action: Service is to be made upon defendant(s) by means of certified mail at the plaintiff's expense, and you must return to the court the original summons with the green receipt card for each defendant. By the Court. Notice Sent 10/25/22
  10. Docket Note: 10/25/22 Five summonses, copy of Tracking Order, mailed to plaintiff this day, Order Page # 6 sent to DOC to fax to (Old Colony Correctional Center) requesting a canteen account for (6) months.
  11. Plaintiff Jose L Negron W-90762's Declaration in compliance first class mail
  12. Plaintiff Jose L Negron W-90762's Submission of Motion pursuant to Rule 9A of the Superior Court with affidavit in support
  13. Plaintiff Jose L Negron W-90762's Motion for Reconsideration with extra cost, affidavit in support, objection and to Strike (DOC) Prison Transaction Report
  14. Plaintiff Jose L Negron W-90762's Motion for Reconsideration with Affidavit in support
  15. Plaintiff Jose L Negron W-90762's Submission of Motion pursuant to Rule 9A of the Superior Court with Affidavit in support
  16. Endorsement on Motion for free postage and to correspond with the courts on the above entitled case number (#4.0): DENIED Denied, court cannot waive postage fees. Plaintiff may serve defendants by first class mail and provide an affidavit as proof of service pursuant to MRCP Rule 4. (dated 11/22/2022) notice sent 11/22/2022
  17. ORDER: Notice of Waiver of Court costs and request for payment to be withdrawn from account (Pursuant to G.L. c. 261 sec. 29) The prisoner/plaintiff in the above-captioned action has filed a motion to waive the filing fee of $275.00 and court costs (normal) and to proceed in forma pauperis. After reviewing the affidavit of indigency and the statement of inmate account provided by the correctional facility, the court hereby orders: The plaintiff is incapable of paying the filing fee and may proceed in forma pauperis. By the Court. Notice sent 11/22/22
  18. Plaintiff Jose L Negron W-90762's Motion for Reconsideration
  19. Plaintiff Jose L Negron W-90762's Submission of ExParte Emergency Injunctive Relief with Affidavit in support
  20. Plaintiff Jose L Negron W-90762's Declaration in compliance first class mail services
  21. Plaintiff Jose L Negron W-90762's Submission of affidavit chronology events
  22. Endorsement on Motion for Reconsideration with extra cost, Affidavit in Support, objection and to strike (DOC) Prison Transaction Report (#10.0): No Action Taken The court has previously permitted plaintiff to make service using first class mail. therefore this motion is moot. (12/21/22) (Notice sent 12/28/22)
  23. Endorsement on Motion for Reconsideration with Affidavit in Support (#11.0): DENIED Denied. The Plaintiff can serve via first class mail. The Court cannot waive the cost of the stamps. Denied. (12/21/22) (Notice sent 12/28/22)
  24. Endorsement on Motion for Reconsideration pursuant to Superior Court rule 9D and G.L. ch. 261 sec. 27, (c), (4) (#14.0): DENIED Denied as moot. See entry and endorsement on Docket #11. (12/21/22) (Notice sent 12/28/22)
  25. Service Returned for Defendant Carol A Mici individually & as Commissioner of the Department of Correction: Service made via regular mail
  26. Service Returned for Defendant Michelle Cormier as Department Grievance Manager Individual and Official capacity: Service made via regular mail
  27. Service Returned for Defendant Tracy Westman as Grievance Coordinator Individual and Official capacity: Service made via regular mail
  28. Service Returned for Defendant Mensah Case Program Officer I Individual and Official capacity: Service made via regular mail
  29. Service Returned for Defendant Alves, Nelson: Service made via regular mail;
  30. Plaintiff Jose L Negron W-90762's Submission of Proof of Service Affidavit under the Court Rules and Declaration in Compliance Rule 4(F)
  31. Endorsement on Submission of Motion Pursuant to Rule 9A of The Superior Court with Affidavit in Support (#9.0): No Action Taken The court takes No Action on this pleading. 12/21/22. Notice Sent 12/28/22 Judge: Connolly, Hon. Rosemary
  32. Endorsement on Submission of ExParte Emergency Injunctive Relief with Affidavit in support (#15.0): Other action taken this motion shall be served/sent to the defendant by the court and the defendant shall have until January 20. 2023 to respond to this motion. so ordered. dated (12/20/2022) notice sent (12/29/2022)
  33. Attorney appearance On this date Richard E Gordon, Esq. added for Defendant Massachusetts Department of Corrections, Defendant Carol A Mici individually & as Commissioner of the Department of Correction, Defendant Michelle Cormier as Department Grievance Manager Individual and Official capacity, Defendant Tracy Westman as Grievance Coordinator Individual and Official capacity, Defendant Mensah Case Program Officer I Individual and Official capacity, Defendant Nelson Alves.
  34. Defendant Massachusetts Department of Corrections, Carol A Mici individually & as Commissioner of the Department of Correction, Michelle Cormier as Department Grievance Manager Individual and Official capacity, Tracy Westman as Grievance Coordinator Individual and Official capacity, Mensah Case Program Officer I Individual and Official capacity, Nelson Alves's Motion for Extension of Time to Respond to complaint up to and including February 17, 2023
  35. Opposition to Plaintiff's "Ex Parte Emergency Injunctive Relief with Affidavit in Support" filed by Massachusetts Department of Corrections, Carol A Mici individually & as Commissioner of the Department of Correction, Nelson Alves, Michelle Cormier as Department Grievance Manager Individual and Official capacity, Tracy Westman as Grievance Coordinator Individual and Official capacity, Mensah Case Program Officer I Individual and Official capacity
  36. Endorsement on Motion for Extension of Time to Respond to Complaint. (#24.0): ALLOWED Dated 1/20/23 Notice sent 1/20/23
  37. Event Result:: Conference to Review Status scheduled on: 01/27/2023 05:00 AM Has been: Canceled For the following reason: By Court prior to date Hon. Robert L Ullmann, Presiding Staff: Margaret M Buckley, Assistant Clerk Magistrate
  38. Plaintiff Jose L Negron W-90762's Motion for leave to reply defendants opposition to plaintiff ex-parte injunctive relief
  39. Defendants Massachusetts Department of Corrections, Carol A Mici individually & as Commissioner of the Department of Correction, Michelle Cormier as Department Grievance Manager Individual and Official capacity, Tracy Westman as Grievance Coordinator Individual and Official capacity, Mensah Case Program Officer I Individual and Official capacity, Nelson Alves's Motion to Dismiss For Failure To State A Claim
  40. Massachusetts Department of Corrections, Carol A Mici individually & as Commissioner of the Department of Correction, Michelle Cormier as Department Grievance Manager Individual and Official capacity, Tracy Westman as Grievance Coordinator Individual and Official capacity, Mensah Case Program Officer I Individual and Official capacity, Nelson Alves's Memorandum Of Law In Support Of Defendants Motion To Dismiss For Failure To State Claim
  41. Endorsement on Submission of ExParte Emergency Injunctive Relief with Affidavit in support (#15.0): DENIED because Mr. Negron has shown a likelihood of success on his underlying claim. See def. opp. (paper #25). Packaging Inc. Gp. v. Cheney, 380 mass. 609, 617(1980). Defendants shall file an answer or rule 12 motion on or before 3/31/23. dated (1/30/23) notice sent (2/16/23)
  42. Endorsement on Motion to Dismiss for Failure to State a Claim (#27.0): Other action taken Plaintiff shall have until 4/10/23 to respond (dated 2/21/23) notice sent 2/24/23
  43. Plaintiff Jose L Negron W-90762's Motion for leave for enlargement of time to reply to defendants motion to dismiss and memorandum
  44. Endorsement on Motion for leave for enlargement of time to reply to defendants motion to dismiss andmemorandum. (#29.0): ALLOWED ALLOWED. Plaintiffs time to respond extended to 5/10/23. No further extensions absent extraordinary circumstances.
  45. Plaintiff Jose L Negron W-90762's Submission of Verification Proof of Services
  46. Plaintiff Jose L Negron W-90762's Submission of Ex-Parte Emergency Injunctive and Temp. Restraining Order
  47. Plaintiff Jose L Negron W-90762's Motion for leave to reply and object to defendants opposition motion to dismiss prison administrative procedure act claims and plausible relief. Defendant deception through mislead characterization of facts that are simply false in their action and motion memorandum of law
  48. Endorsement on Submission of Ex-Parte Emergency Injunctive and Temp. Restraining Order (#31.0): DENIED DENIED for reasons including those set forth in Defendants brief supporting their dismissal motion (Paper # 28) Plaintiff has not established the likelihood of success necessary for emerging injunctive relief. See Packaging IND.GP.V. Cheney, 280 Mass.609.(1980).. A hearing on defendants dismissal motion has been set for 6/6/2023 at 2p.m. (Dated 3/13/2023) Notice sent 3/23/2023
  49. Plaintiff Jose L Negron W-90762's Motion for leave to withdraw enlargement of time/extension of time with affidavit in support
  50. The following form was generated: Notice to Appear Sent On: 03/20/2023 16:06:52
  51. Endorsement on Motion for leave to withdraw enlargement of time/extension of time with affidavit in support (#33.0): ALLOWED motion withdrawn. (dated 3/22/23) notice sent 3/24/23
  52. Habeas corpus issued as to Jose L Negron W-90762 at MCI - Norfolk for 06/06/2023 02:00 PM Rule 12 Hearing. THIS HEARING SHALL BE HELD BY ZOOM. To access Zoom Hearing: https://www.zoomgov.com/j/1618280537 Meeting ID: 161 828 0537 (No passcode needed) Judge: Connolly, Hon. Rosemary
  53. Matter taken under advisement: Rule 12 Hearing scheduled on: 06/06/2023 02:00 PM Has been: Held - Under advisement Hon. Rosemary Connolly, Presiding Staff: Paul Kenneally, Assistant Clerk
  54. Plaintiff Jose L Negron W-90762's Motion for Leave requesting Status Report and Submit Supplemental Material and Information verification
  55. Plaintiff Jose L Negron W-90762's Submission of Declaration in Compliance of First Class Mail Service Under the Prison Box and Penalty of Perjury
  56. Endorsement on Motion for Leave requesting Status Report and Submit Supplemental Material and Information verification (#34.0): Other action taken This matter remains under advisement. The Court will accept the Plaintiff's supplemental filing "De Bene". (Dated: 9/10/23) Notice sent 9/21/23
  57. MEMORANDUM & ORDER: Memorandum Of Decision And Order On Defendants' Motion To Dismiss See paper #36 dated (10/20/23) Judge: Connolly, Hon. Rosemary Notice sent 10/26/23
  58. JUDGMENT on Defendants, Massachusetts Department of Corrections, Carol A Mici individually & as Commissioner of the Department of Correction, Michelle Cormier as Department Grievance Manager Individual and Official capacity, Tracy Westman as Grievance Coordinator Individual and Official capacity, Mensah Case Program Officer I Individual and Official capacity, Nelson Alves 12(b) motion to dismiss against Plaintiff(s) Jose L Negron W-90762. It is ORDERED and ADJUDGED: That for the reasons set forth in the Court's Memorandum of Decision and Order on Defendants" Motion to Dismiss, dated October 20, 2023, the Defendants' motion having been allowed, the Plaintiff's Complaint is hereby DISMISSED. entered on docket pursuant to Mass R Civ P 58(a) and notice sent to parties pursuant to Mass R Civ P 77(d)
  59. Plaintiff Jose L Negron W-90762's Motion for reconsideration on the Judge ruling to dismiss administrative procedure act claims challenging the standard operation procedure and conflicted languages of both (SOP) and state regulation including the conferred statutory language in the alternative motion to stay of proceeding to appeal before the Appeals Court the outcome of the motion for reconsideration Mass. R. Civ. P.60
  60. Affidavit of Plaintiff's affidavit in support of relief rule 60 and Motion for Reconsideration before the Judge
  61. Endorsement on Motion for reconsideration on the Judge ruling to dismiss administrative procedure act claims challenging the standard operation procedure and conflicted languages of both (SOP) and state regulation including the conferred statutory language in the alternative motion to stay of proceeding to appeal before the Appeals Court the outcome of the motion for reconsideration Mass. R. Civ. P.60 (#37.0): Other action taken The Motion for Reconsideration shall be served via U.S Mail upon the Defendant Mici and the Defendant shall have until December 8, 2023 to file a response. (Dated: 11/7/23) Notice sent 11/13/2023.
  62. Opposition to Plaintiff's Motion For Reconsideration filed by Carol A Mici individually & as Commissioner of the Department of Correction, Nelson Alves, Tracy Westman as Grievance Coordinator Individual and Official capacity, Mensah Case Program Officer I Individual and Official capacity
  63. Endorsement on Motion for reconsideration on the Judge ruling to dismiss administrative procedure act claims challenging the standard operation procedure and conflicted languages of both (SOP) and state regulation including the conferred statutory language in the alternative motion to stay of proceeding to appeal before the Appeals Court the outcome of the motion for reconsideration Mass. R. Civ. P.60 (#37.0): DENIED Upon review the Motion for Reconsideration is DENIED. (Dated 11/15/2023) notice sent 11/21/23
  64. Notice of appeal filed. Notice sent 11/27/23 Applies To: Negron W-90762, Jose L (Plaintiff)
  65. Plaintiff Jose L Negron W-90762's Motion for Leave to Assemble the Lower Court Record Proceeding for Appeal Process Before the Appeals Court w/Affidavit
  66. Plaintiff Jose L Negron W-90762's Motion for leave to obtained free transcripts of Hearing June 6th, 2023 with affidavit
  67. Plaintiff Jose L Negron W-90762's Motion for leave to transcriber transcribed the following audio tape or CD rome with court order waiving fees
  68. Plaintiff Jose L Negron W-90762's EX PARTE, EMERGENCY Request for Relief ENDORSEMENT: ALLOWED. (Dated: 1/11/24) Judge: Connolly, Hon. Rosemary
  69. Affidavit filed by Plaintiff Jose L Negron W-90762 in support of Motion for Relief
  70. Transcript of 6/6/23 received from transcriber Lisa Phipps (via email)
  71. Endorsement on Motion for leave to obtained free transcripts of Hearing June 6th, 2023 with affidavit (#42.0): ALLOWED (Dated: 1/11/24) Notice Sent 1/12/24
  72. Endorsement on Motion for leave to transcriber transcribed the following audio tape or CD rome with court order waiving fees (#43.0): ALLOWED (Dated: 1/11/24) Notice Sent 1/12/24
  73. Notice of assembly of record sent to Counsel
  74. Notice to Clerk of the Appeals Court of Assembly of Record
  75. Court received COMMONWEALTH OF MASSACHUSETTS APPEALS COURT NOTICE OF FAILURE TO ENTER APPEAL TIMELY PURSUANT TO MASS.R.A.P. 10(a)(1) related to appeal On February 1, 2024, the Suffolk Superior Court transmitted a notice of assembly to the Appeals Court in the above-referenced case, pursuant to Mass.R.A.P. 9(e). The Appeals Court received the notice on February 1, 2024. Pursuant to Rule 10(a)(1) of the Massachusetts Rules of Appellate Procedure, each appellant has 14 days from receipt of the notice of assembly to docket the appeal in the Appeals Court by paying the required entry fee or moving for waiver of the fee on grounds of indigency. As of today's date, March 12, 2024, no appellant has entered the appeal pursuant to Mass.R.A.P. 10(a)(1). This notice is sent for informational purposes only and does not constitute a dismissal of the appeal. If an appellant or cross-appellant in this matter wishes to pursue the appeal, the party must file a motion to the single justice for leave to docket the appeal late. Otherwise, an appellee may file a motion to dismiss the appeal in the trial court. See Mass.R.A.P. 10(c). A copy of this notice is sent this date to the active counsel and self-represented parties identified on the above notice of assembly. For information about the filing of a motion to docket the appeal late, see https://www.mass.gov/service-details/single-justice-practice.

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