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Feb. 25, 2026 Get Citation Alerts Download PDF Add Note

Eric J. Duarte v. Danielle Frane, et al.

District Court, D. Massachusetts

• Citations: None known
• Docket Number: 1:23-cv-11725

• Precedential Status: Unknown Status

• Opinion

• Authorities (0)

• Cited By (0)

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Trial Court Document

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

                       )                                         

ERIC J. DUARTE, )

Plaintiff, )

) Civil Action No.

v. ) 23-11725-NMG

)

DANIELLE FRANE, et al., )

Defendants. )

)

                     ORDER                                       

GORTON, J.

On August 16, 2024, the Court issued an order in which it

directed the Clerk to issue summonses and ordered plaintiff Eric

J. Duarte, who was a pretrial detainee confined at Bridgewater

State Hospital, to complete service within 90 days. (Docket

43). The Court stated in the same order that service had to

be effected in accordance with Rule 4 of the Federal Rules of

Civil Procedure, and that service by mail was insufficient. The

Court also warned Duarte that failure to timely complete service

could result in dismissal of the action. The Court stated that,

because Duarte was proceeding in forma pauperis he could ask the

United States Marshals Service to complete service with all

costs of service to be paid by the United States.

There is no record on the docket of this case that service

of the summonses has been executed. The Court has not received

any documentation from the USMS that it effected service for

this action. A Clerk contacted the USMS to inquire regarding

this issue and was informed that, although the agency had

received documents from Duarte for service in other cases, it

had not received documents for this action.

Accordingly, the Court hereby ORDERS Duarte to show good

cause, within twenty-eight (28) days, why this action should not

be dismissed for failure to complete service. Failure to do so

will result in dismissal of this action.

The motions for joinder (Docket ## 58, 64) are DENIED.1

So ordered.

/s/ Nathaniel M. Gorton

Nathaniel M. Gorton

United States District Judge

Dated: February 25, 2026

1 The Court notes that, on several occasions, Duarte has

complained about the collection of the fees for actions filed in

this Court. See, e.g., Docket # 72. Duarte is responsible for

paying the $350 statutory filing fee for each case in which he

has been allowed to proceed in forma pauperis. After the

initial partial filing fee is paid, “the prisoner shall be

required to make monthly payments of 20 percent of the preceding

month’s income credited to the prisoner’s account.” 28 U.S.C.

§ 1915 (b)(2). When a prisoner has pending filing fee

obligations in more than one case, he is obliged to pay “20

percent of the preceding month’s income” simultaneously for each

case in which he has an outstanding filing fee obligation. See

Bruce v. Samuels, 577 U.S. 82, 89-91 (2016).