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Case Information
Filed
2025-01-16
Status
Open
Type
Equity Action Involving An Incarcerated Party
Docket
41 entries
Parties
Plaintiff
La Plante, Daniel
Defendant
Massachusetts Parole Board
Lawyers
Docket Entries
- Daniel LaPlante's Memorandum in opposition to Defendant's Motion to Dismiss, and Renewed Request for Judgment on the Pleadings
- Case assigned to: DCM Track F - Fast Track was added on 01/16/2025
- Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed without Supplemental affidavit Allowed, subject to review by a Judge.
- Original civil complaint filed.
- Civil action cover sheet filed.
- 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. (dated 1/21/2025) Notice sent 1/21/2025.
- 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. (dated 1/21/2025) Notice sent 1/21/2025.
- Docket Note: 1 summons sent by mail
- Docket Note: Order P#4 sent to Anita Cordy requesting a canteen account for (6) months
- ORDER: Notice of Waiver of Court costs and request for payment to be withdrawn from account (Pursuant to G.L. c. 261 sec. 29) The prisoner/plaintiff in the above captioned action has filed a motion to waive the filing fee of $275.00 and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. (dated 1/29/25) Notice Sent 1/29/25
- Service Returned for Defendant Massachusetts Parole Board: Service via certified mail;
- Defendant Massachusetts Parole Board's Motion to Enlarge Time to File Responsive Pleading
- Affidavit of Counsel in Support of Defendant's Motion to Enlarge Time to Rile Responsive Pleading
- Endorsement on Motion to Enlarge Time to File Responsive Pleading (#8.0): ALLOWED dated (5/13/25) Notice Sent 5/19/25
- Plaintiff Daniel LaPlante's EX PARTE Motion for Appointment of Counsel
- Daniel LaPlante's Memorandum in support of Ex Parte Motion for Appointment of Counsel
- Affidavit of Daniel LaPlante
- Endorsement on Motion for Appointment of Counsel (#10.0): Other action taken Defendant shall have 14 days to file a response as to whether plaintiff has any statutory or constitutional right to counsel in this case. dated (6/5/25) Notice sent 6/10/25
- Defendant Massachusetts Parole Board's Motion to Enlarge time to file Responsive Pleading
- Defendant Massachusetts Parole Board's Motion to Dismiss Petition for Declaratory Judgment
- Massachusetts Parole Board's Memorandum in support of Motion to Dismiss Petition for Declaratory Judgment
- Endorsement on Motion to Enlarge time to file Responsive Pleading (#13.0): ALLOWED (dated 6/16/25) Notice Sent 6/18/25
- Endorsement on Motion to Dismiss Petition for Declaratory Judgment (#14.0): Other action taken Plaintiff shall have 45 days to file an opposition, if any. (dated 6/16/25) Notice Sent 6/18/25
- Plaintiff Daniel LaPlante's Motion to File an Amended Civil Complaint
- Endorsement on Motion to File an Amended Civil Complaint (#16.0): Other action taken The defendant is directed to file its response to this motion within 14 days of the date hereof. dated (7/18/25) Notice sent 7/21/25
- Plaintiff Daniel LaPlante's Motion to Enlarge Time to File Opposition to Defendant's Motion to Dismiss
- Endorsement on Motion to Enlarge Time to File Opposition to Defendant's Motion to Dismiss (#17.0): ALLOWED Plaintiff shall have until September 1, 2025 to file his opposition Defendant's Motion to Dismiss (paper #14). Defendant shall file its Oppositions to Plaintiff's Motion for Appointment of Counsel (paper #10) and Motion to File Amended Civil Complaint (paper #16) within 7 days of the date hereon. Both of these oppositions are beyond the time authorized per the Court's prior Orders, and no further extensions shall be granted. (dated 8/6/2025) Notice sent 8/7/25
- Opposition to Motion to Appoint Counsel filed by Massachusetts Parole Board
- Defendant Massachusetts Parole Board's Response to Motion to Amend Civil Complaint
- Plaintiff Daniel LaPlante's Motion for Judgment on the Pleading
- Daniel LaPlante's Memorandum in support of Judgment on the Pleading
- Endorsement on Motion for appointment of counsel (#10.0): DENIED DENIED. After review, Massachusetts law does not provide a mechanism for appointment of counsel to indigent parties in civil actions. Zabin v. Picciotto 73 Mass. App. Ct. 141 (2008) and Hudson v. Commissioner of Correction 78 Mass. App. Ct. 1123 (2011). (Dated 8/18/25) Notice sent 8/20/25
- Endorsement on Motion to file an amended civil complaint (#16.0): ALLOWED Allowed without opposition. (Dated 8/18/25) Notice sent 8/20/25
- Amended: amended complaint filed by Daniel LaPlante
- Endorsement on Motion for judgment on the pleadings MRCP 12(c) (#20.0): Other action taken The Defendant shall have 45 days from the date of this order to file a responsive pleading. Dated: 8/20/25 Notice sent 8/25/25 Applies To: LaPlante, Daniel (Plaintiff)
- Defendant Massachusetts Parole Board's Motion to Enlarge Time to File Response
- Affidavit of Counsel in Support of Defendant's Motion to Enlarge Time to File Responsive Pleading
- Endorsement on Motion to enlarge time to file responsive pleading (#23.0): ALLOWED ALLOWED. The Defendant's time is extended through 12/1/25. (Dated 11/18/25) Notice sent 11/21/25
- Defendant Massachusetts Parole Board's Motion to Dismiss
- Massachusetts Parole Board's Memorandum in support of Motion to Dismiss Pursuant to MRCP 12(b)(6)
- Opposition to Defendant's Motion to Dismiss, and Renewed Request for Judgment on the Pleadings filed by Daniel LaPlante
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Full Analytics Report
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