Dower v. George et al

Massachusetts District Court
Judge:Angel Kelley
Case #: 1:23-cv-11663
Nature of Suit550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause42:1983 Prisoner Civil Rights
Case Filed:Jul 24, 2023
Terminated:May 10, 2024

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Docket last updated: 1 hours ago
Monday, August 12, 2024
27 27 utility Remark Mon 08/12 2:34 PM
Remark: Duplicate copy received of Dkt. No 1 (Civil Cover Sheet) and Dkt. 2. (Horvath, Courtney)
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Friday, May 10, 2024
26 26 misc Copy Mailed Fri 05/10 9:26 AM
Copy re 24 Order25 Order Dismissing Case mailed to Darius Dower on 5/10/24. (Horvath, Courtney)
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25 25 1 pgs order Order Dismissing Case Fri 05/10 9:22 AM
District Judge Angel Kelley: ORDER entered. ORDER DISMISSING CASE. (Horvath, Courtney)
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24 24 order Order Fri 05/10 9:21 AM
District Judge Angel Kelley: ELECTRONIC ORDER entered. Pro se Plaintiff Darius Dower filed a Complaint against Defendants Derek George, the Plymouth Police Department and the Town of Plymouth alleging police brutality and harassment. [Dkt. 1]. Defendant Plymouth Police Department has since been terminated as a Defendant. On December 20, 2023, the Court issued an order mandating Plaintiff file the proof of service within 21 days. [Dkt. 10]. Nearly two months later, and past the 21-day deadline, Dower filed proof of service dated February 2, 2024 for George. [Dkt. 13]. No proof of service was filed for the Town of Plymouth. Defendants Derek George and the Town of Plymouth subsequently filed respective [14, 18] Motions to Dismiss for insufficient service. Plaintiff has the burden of demonstrating that service was adequate where there is a jurisdictional challenge due to insufficient service. Darby v. Lelling , No. 20-CV-11115, 2022 WL 220313, at *1 (D. Mass. Jan. 25, 2022). Dower, however, failed to oppose either Motion. Accordingly, the Court GRANTS Defendants George?s and the Town of Plymouth?s Motions to Dismiss. [Dkts. 14, 18]. (Horvath, Courtney)
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Wednesday, April 24, 2024
23 23 notice Notice of Appearance Wed 04/24 11:34 AM
NOTICE of Appearance by Manuel Diego Soza on behalf of Town of Plymouth (Soza, Manuel)
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Tuesday, March 12, 2024
22 22 misc USMS Process Receipt and Return Tue 03/12 4:33 PM
US Marshal Process Receipt and Return for Civil Process. Derek Brindisi served on 2/12/2024. (Pacho, Arnold)
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21 21 misc USMS Process Receipt and Return Tue 03/12 4:32 PM
US Marshal Process Receipt and Return for Civil Process. Derek George served on 2/2/2024. (Pacho, Arnold)
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Thursday, March 07, 2024
20 20 notice Notice of Appearance Thu 03/07 8:47 AM
NOTICE of Appearance by Courtney E. Mayo on behalf of Derek George (Mayo, Courtney)
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Tuesday, March 05, 2024
19 19 4 pgs respm Memorandum in Support of Motion Tue 03/05 2:39 PM
MEMORANDUM in Support re18 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b) filed by Town of Plymouth. (Louison, Douglas)
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18 18 motion Dismiss Tue 03/05 2:38 PM
MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b) by Town of Plymouth.(Louison, Douglas)
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Tuesday, February 27, 2024
17 17 notice Notice of Appearance Tue 02/27 3:07 PM
NOTICE of Appearance by Douglas I. Louison on behalf of Town of Plymouth (Louison, Douglas)
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Friday, February 23, 2024
16 16 6 pgs respm Memorandum in Support of Motion Tue 02/27 10:05 AM
MEMORANDUM in Support re14 First MOTION to Dismiss for Lack of Jurisdiction filed by Derek George. [Refiled by clerk as a separate entry per CM/ECF procedures.] (Pacho, Arnold)
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15 15 notice Notice of Appearance Fri 02/23 9:38 PM
NOTICE of Appearance by John M. Becker on behalf of Derek George (Becker, John)
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14 14 motion Dismiss/Lack of Jurisdiction Fri 02/23 9:35 PM
First MOTION to Dismiss for Lack of Jurisdiction by Derek George.(Becker, John)
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Att: 1 Memorandum of law accompanying motion to dismiss,
Att: 2 Affidavit,
Att: 3 Exhibit
Monday, February 05, 2024
13 13 service Summons Returned Executed Mon 02/05 2:57 PM
SUMMONS Returned Executed as to Derek George. Served on 2/2/2024, answer due 2/23/2024. (Pacho, Arnold)
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Thursday, December 28, 2023
12 12 misc Response to Court Order Fri 12/29 10:27 AM
RESPONSE TO COURT ORDER by Darius Dower re 10 Order. (Pacho, Arnold)
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Wednesday, December 20, 2023
11 11 misc Copy Mailed Wed 12/20 4:16 PM
Copy re 10 Order, mailed to Darius Dower on 12/20/23. (Lara, Miguel)
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10 10 order Order Wed 12/20 12:05 PM
District Judge Angel Kelley: ELECTRONIC ORDER entered. The complaint in the above-entitled action was filed on July 24, 2023. As of this date there has been no return to the Court of proof of service of the summons and complaint as required by Rule 4(m) of the Federal Rules of Civil Procedure and Local Rule 4.1(b) of the Local Rules of this Court. Accordingly, it is hereby ORDERED that, pursuant to Rule 4(m), Fed. R. Civ. P., and Local Rule 4.1(b), within twenty-one (21) days from the date of this Order proof of service shall be filed or good cause shown why service has not been made - otherwise this court will issue a dismissal order without prejudice. (Lara, Miguel)
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Wednesday, September 06, 2023
9 9 service Summons Issued Wed 09/06 3:35 PM
Summons Issued as to Derek George, Town of Plymouth. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Castilla, Francis)
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8 8 notice Notice - Other Wed 09/06 3:01 PM
NOTICE to Plaintiff re Service by USMS; Local Rule 4.1 (PSSA, 3)
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7 7 notice Notice - re payment of fee - prisoner filer Wed 09/06 3:00 PM
NOTICE: re payment of fee (prisoner filer) issued to the Treasurer at Plymouth County Correctional Facility (PSSA, 3)
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6 6 2 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Wed 09/06 2:52 PM
District Judge Angel Kelley: ORDER entered granting5 Motion for Leave to Proceed in forma pauperis. The Town of Plymouth shall be substituted as a defendant for the Plymouth Police Department. The Clerk shall issue summonses. Plaintiff must complete service within 90 days. Plaintiff may request that USMS effect service. (PSSA, 3)
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Monday, August 07, 2023
5 5 motion Proceed In Forma Pauperis Mon 08/07 2:53 PM
MOTION for Leave to Proceed in forma pauperis by Darius Dower. (Pacho, Arnold)
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Att: 1 Exhibit
Wednesday, July 26, 2023
4 4 order PSSA Order 7 - Prisoner IFP but no account statement Wed 07/26 2:34 PM
District Judge Angel Kelley: ORDER entered. Procedural Order regarding resolution of filling fee. The motion for leave to proceed in forma pauperis is denied without prejudice. Plaintiff must respond within 21 days. (Castilla, Francis)
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Tuesday, July 25, 2023
3 3 notice Notice of Case Assignment Tue 07/25 3:20 PM
ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Cook, Savannah)
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Monday, July 24, 2023
2 2 motion Proceed In Forma Pauperis Tue 07/25 1:50 PM
MOTION for Leave to Proceed in forma pauperis by Darius Dower.(Castilla, Francis)
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1 1 cmp Complaint Tue 07/25 1:48 PM
COMPLAINT against All Defendants, filed by Darius Dower.(Castilla, Francis)
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Att: 1 Civil Cover Sheet,
Att: 2 Category Form