D. Massachusetts Opinions
Duarte v. Frane - Order to Show Cause for Dismissal
The U.S. District Court for the District of Massachusetts has ordered plaintiff Eric J. Duarte to show cause within 28 days why his civil action should not be dismissed for failure to complete service of process. The court noted that no proof of service has been filed, and the USMS has not received documents for this action.
Hyh’nes Hidiyah Bakri v. Cruz Management Company, Incorporated, et al. - Denial of Preliminary Injunction
The U.S. District Court for the District of Massachusetts denied a plaintiff's motion for a preliminary injunction against the YMCA and its property manager. The case involves a tenancy dispute and ongoing eviction proceedings.
Hyh’nes Hidiyah Bakri v. Cruz Management Company - Service of Process
The District Court of Massachusetts dismissed the Bakri case against Cruz Management Company, Inc. and other defendants, ordering proper service of process. The court addressed the plaintiff's motions for default entry and judgment, noting issues with service completion within the mandated ninety-day period.
Kingston v. Strange - Procedural Order
The District of Massachusetts issued a procedural order in Kingston v. Strange, addressing pending sanctions motions and future reply brief requirements. The court will rule on sanctions in due course and requires parties to seek leave before filing future reply briefs.
Depasquale v. Orange Peel Bakery, LLC - Motion to Reschedule Trial Denied
The U.S. District Court for the District of Massachusetts denied a motion by Orange Peel Bakery, LLC and Julianne G. Vanderhoop to reschedule their trial. The court adopted a Magistrate Judge's report and recommendation, finding the defendants' arguments for rescheduling to be without merit.
Theroux v. Massachusetts Dept. of Correction - Civil Rights Case
The U.S. District Court for Massachusetts allowed Skylar Marie Theroux's amended complaint in a civil rights case against the Massachusetts Department of Correction. The court ordered the issuance of summonses for the named defendants, excluding unnamed "John Doe" defendants pending further discovery.
Block v. Warden Bowers - Habeas Corpus Sex Offender Classification
The U.S. District Court for Massachusetts allowed in part and denied in part the respondent's motion to dismiss a habeas corpus petition filed by inmate Waylen Block. The petition challenges the Bureau of Prisons' sex offender classification and email access termination.
William Marks v. Wells Fargo Advisors, LLC, et al. - Arbitration Award Denial
The U.S. District Court for the District of Massachusetts denied a petition to vacate an arbitration award in a cybercrime case. The court confirmed the arbitration award, which had dismissed the petitioner's Electronic Funds Transfer Act claim against Wells Fargo Advisors, LLC.
Holloway v. Devens Federal Medical Center - Petition Denied
The U.S. District Court for the District of Massachusetts denied James Holloway's petition for a writ of mandamus against Devens Federal Medical Center. The court found that Holloway failed to establish entitlement to mandamus relief regarding alleged interference with legal mail and retaliation by correctional officers.
Torres v. U.S. Immigration and Customs Enforcement - Habeas Corpus
The District Court of Massachusetts denied Lorenzo Torres's motion to proceed in forma pauperis without prejudice in his case against U.S. Immigration and Customs Enforcement. The court transferred the case from the First Circuit Court of Appeals to determine if the petition can be entertained as a habeas petition.
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