Porter et al v. Budd et al
| Massachusetts District Court | |
| Judge: | Richard G Stearns |
| Case #: | 1:24-cv-13159 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 28:2201 Injunction |
| Case Filed: | Dec 20, 2024 |
| Terminated: | Dec 23, 2024 |
| Last checked: Thursday Feb 06, 2025 7:59 AM EST |
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Defendant
Heidi Bieger
Chief Justice of Trial Court 1 Pemburton Square
Boston, MA 02108 |
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Defendant
Kimberly S. Budd
Chief Justice of Supreme Court e Court One Pemberton Square Suite 2500
Boston, MA 02108 |
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Defendant
Thomas S Ambrosino
Court Administrator of Trial Court 1 Pemburton Square
Boston, MA 02108 |
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Plaintiff
Eric J Porter
80 Linden St. #1
Allston, MA 02134 |
| Docket last updated: 04/01/2025 11:59 PM EDT |
| Tuesday, March 25, 2025 | ||
| 32 | 32
appeal
USCA Case Number
Tue 03/25 5:46 PM
USCA Case Number 25-1298 for23 Notice of Appeal, filed by Eric J Porter. (MAP) |
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| 31 | 31
appeal
Abbreviated Electronic Appeal Record Sent to USCA
Tue 03/25 2:27 PM
Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re23 Notice of Appeal. (MAP) |
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| Monday, March 24, 2025 | ||
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misc
Copy Mailed
Mon 03/24 3:05 PM
Copy re 29 Order, 28 Order on Motion for Leave to Appeal in forma pauperis and financial affidavit form mailed to Eric J Porter on 3/24/2025. (JAM) |
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| 29 | 29
order
Order
Mon 03/24 3:01 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered. Pro se plaintiff Eric Porter has filed three Returns of Service indicated that each defendant was served on March 20, 2025. Because this case is closed, the defendants are not required to respond to complaint. (JAM) |
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| 28 | 28
order
Order on Motion for Leave to Appeal In Forma Pauperis
Mon 03/24 3:00 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered The motion for appeal in forma pauperis24 is denied. Under Rule 24(a)(1) of the Federal Rules of Appellate Procedure, a party wishing to appeal in forma pauperis must submit a detained financial affidavit and he must state the issues he intends to present on appeal. Porter has not provided the required Affidavit or identified the issues he intends to present on appeal. If Porter wishes to pursue in forma pauperis status on appeal, he may do so by filing the required Affidavit and statement with the United States Court of Appeals for the First Circuit within 30 days. See Fed. R. App. P. 24(a)(5). The required form for the Affidavit is available at https://www.ca1.uscourts.gov/sites/ca1/files/form4.pdf. The clerk shall also mail a copy of the form to Porter. (JAM) |
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| Friday, March 21, 2025 | ||
| 27 | 27
notice
Notice - Other
Mon 03/24 11:46 AM
NOTICE by Eric J Porter - Return of Service as to Thomas S Ambrosino. (JAM) |
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| 26 | 26
notice
Notice - Other
Mon 03/24 11:45 AM
NOTICE by Eric J Porter - Return of Service as to Kimberly S. Budd. (JAM) |
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| 25 | 25
notice
Notice - Other
Mon 03/24 11:43 AM
NOTICE by Eric J Porter - Return of Service as to Heidi Bieger. (JAM) |
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| 24 | 24
motion
Appeal In Forma Pauperis
Mon 03/24 11:06 AM
MOTION for Leave to Appeal in forma pauperis by Eric J Porter. (JAM) |
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| 23 | 23
appeal
Notice of Appeal
Mon 03/24 11:04 AM
NOTICE OF APPEAL as to18 Order Dismissing Case, 22 Order on Motion to Alter Judgment by Eric J Porter. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at [LINK:http://www.ca1.uscourts.gov] MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 4/10/2025. (JAM) |
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| Thursday, March 20, 2025 | ||
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order
Order On Motion to Alter Judgment
Thu 03/20 4:36 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered denying20 Motion to Alter Judgment. In an Amended Motion to Alter or Amend a Judgment, plaintiff Eric Porter asks the court to reconsider its ruling that it lacks jurisdiction to hear his claim that "that the Massachusetts courts use of recall judges violates its constitution specifying 'Part II, ch.3 Article I as amended by Article XCVIII of the Amendments... which mandates retirement at seventy years old.'" Compl. para. 7. Porter asserts that the judge that "wrongly decided" his case in state court was improperly on the Massachusetts bench as part of the state's practice of utilizing retired judges. Porter asserts the federal court's jurisdiction over his claims "under 28 U.S.C. § 2201 ('Creation of remedy'); Fed. R. Civ. P. 57 ('Declaratory Judgment'); 28 U.S.C. § 1343(a)(3) ('Civil rights and elective franchise'); 28 U.S.C. § 1332 ('Diversity of citizenship' [the court notes that Porter is a resident of Allston, Massachusetts]); and Steffel v. Thompson , 415 U.S. 452 (1973)." See Compl. 18. After this court dismissed his case for lack of subject matter jurisdiction, Porter amended his Complaint to add references to, inter alia, the "Fifth and Fourteenth Amendments, Equal Protection Clause, republican form of government Article IV, Section 4 (Guarantee Clause), Supremacy Clause (U.S. Const. Art. VI, Cl. 2), and Full Faith & Credit Clause (28 U.S.C § 1738)." However, in his proposed Amended Complaint, Am. Compl. [Dkt # 14] para. 7, he fails to allege any facts plausibly establishing a violation of these provisions. This court declined to reopen Porter's case finding that, at base, his claims remain a challenge to "the Massachusetts Constitution to the current recall system as practiced in the Massachusetts state courts." Dkt #17. Porter now asks the court to reconsider its ruling based on a recently decided United States Supreme Court case, Williams v. Reed, 145 S. Ct. 465 (2025). In that case, Justice Cavanaugh writing for the court held that Alabama may not enforce an administrative-exhaustion rule that effectively prevents claimants from bringing § 1983 suits to challenge delays in unemployment benefits processing. Porter, expectant that "the Massachusetts Supreme Judicial Court will [not] reasonably rule against itself," Dkt #20 at 9, claims that the ruling in Williams requires the federal court to hear his claims (also citing Apkin v. Treasurer and Receiver General , 401 Mass. 427 (1988)). But there is nothing in either decision that permits this court to decide, in the current posture of this case, that the Massachusetts recall practice violated Porter's civil rights. Plaintiff's motion for reconsideration of the dismissal in this case is DENIED. (mkz) |
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order
Order On Motion to Alter Judgment
Thu 03/20 2:33 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot19 Motion to Alter Judgment - in light of the amended motion to alter or Amend Judgment filed 3/19/25 (Dkt #20 ). (JAM) |
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| Wednesday, March 19, 2025 | ||
| 20 | 20
motion
Alter Judgment
Wed 03/19 8:41 AM
Amended MOTION to Alter or Amend Judgment by Eric J Porter.(JAM) |
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| Monday, March 17, 2025 | ||
| 19 | 19
motion
Alter Judgment
Mon 03/17 12:14 PM
MOTION to Alter or Amend Judgment by Eric J Porter. (JAM) |
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| Friday, February 14, 2025 | ||
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1
pgs
order
Order Dismissing Case
Fri 02/14 9:58 AM
Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (JAM) |
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order
Order on Motion for TRO Order on Motion for Summary Judgment
Fri 02/14 9:49 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered re14 Amended Complaint. The court denies the motion to amend. Although plaintiff adds references to, inter alia, the "Fifth and Fourteenth Amendments, Equal Protection Clause, republican form of government Article IV, Section 4 (Guarantee Clause), Supremacy Clause (U.S. Const. Art. VI, Cl. 2), and Full Faith & Credit Clause (28 U.S.C § 1738)" in his proposed Amended Complaint, Am. Compl. [Dkt # 14] para. 7, he fails to allege any facts plausibly establishing a violation of these provisions (or a violation of any other provision of federal law). The controversy remains, at base, a challenge under the Massachusetts Constitution to the current recall system as practiced in the Massachusetts state courts. This court accordingly lacks jurisdiction. In the absence of jurisdiction, the court denies15 Motion for TRO;16 Motion for Summary Judgment. (RGS, law3) |
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| Wednesday, February 12, 2025 | ||
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motion
Summary Judgment
Wed 02/12 3:24 PM
MOTION for Summary Judgment by Eric J Porter. (JAM) |
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| 15 | 15
motion
Temporary Restraining Order
Wed 02/12 3:23 PM
MOTION for Temporary Restraining Order and Preliminary Injunction by Eric J Porter. (JAM) |
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Att: 1
Exhibit,
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Att: 2
Text of Proposed Order
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| Monday, February 10, 2025 | ||
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cmp
Amended Complaint
Wed 02/12 9:59 AM
AMENDED COMPLAINT against Thomas S Ambrosino, Heidi Bieger, Kimberly S. Budd filed by Eric J Porter.(JAM) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9
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order
Order on Motion for Extension of Time
Mon 02/10 10:28 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting12 Motion for Extension of Time. On February 7, 2025, Plaintiff asked the court for one additional day to file a copy of his Amended Complaint. He must file the Amended Complaint for the court's review no later than tomorrow January 11, 2025. (mkz) |
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| Friday, February 07, 2025 | ||
| 12 | 12
motion
Extension of Time
Mon 02/10 8:46 AM
MOTION for One Day Extension to File Amended Complaint by Eric J Porter. (JAM) |
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| Thursday, January 30, 2025 | ||
| 11 | 11
order
Order on Motion for Miscellaneous Relief
Thu 01/30 2:32 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part10 Motion to accept late filing. The court will accept the late filing of a motion to amend the complaint -- however, the plaintiff failed to attach the proposed Amended Complaint. Because the plaintiff's initial Complaint was not within this court's jurisdiction, the court can proceed with the Amended Complaint only if jurisdiction is proper. The plaintiff must file his Amended Complaint no later than February 7, 2025 for the court's review. (mkz) |
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| Tuesday, January 28, 2025 | ||
| 10 | 10
motion
Miscellaneous Relief
Tue 01/28 2:05 PM
MOTION to Accept Late Filing and to Accept Amended Complaint by Eric J Porter. (JAM) |
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Att: 1
Copy of Mail
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| Monday, December 23, 2024 | ||
| 9 | 9
1
pgs
order
Order Dismissing Case
Mon 12/23 4:16 PM
Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (Martin, Jacqueline) |
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order
Order on Motion for TRO
Mon 12/23 2:51 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered denying2 Motion for TRO. Pro se litigant Eric Porter instituted this litigation against Chief Judge Kimberley Budd of the Massachusetts Supreme Judicial Court, Justice Heidi Brieger, former Chief Justice of the Massachusetts Superior Court, and Thomas Ambrosino, Chief Administrator of the Massachusetts trial courts. Porter asserts that the Massachusetts courts use of recall judges violates its constitution specifying "Part II, ch.3 Article I as amended by Article XCVIII of the Amendments... which mandates retirement at seventy years old?" Compl. 7. Porter asserts the federal court's jurisdiction over the controversy "under 28 U.S.C. § 2201 ('Creation of remedy'); Fed. R. Civ. P. 57 ('Declaratory Judgment'); 28 U.S.C. § 1343(a)(3) ('Civil rights and elective franchise'); 28 U.S.C. § 1332 ('Diversity of citizenship' [the court notes that Porter is a resident of Allston, Massachusetts]); and Steffel v. Thompson , 415 U.S. 452 (1973)." See Compl. 18. None of these cited sources grant the federal courts subject matter jurisdiction over the controversy Porter presents -- a challenge, under the Massachusetts Constitution, to the current recall system as practiced in the Massachusetts state courts. "State courts are the final arbiters of state laws and constitutions. State court's interpretation of federal law or the United States Constitution may be appealed to the U.S. Supreme Court" but that clearly is not the issue here. https://www.uscourts.gov/about-federal-courts/court-role-and-structure/comparing-federal-state-courts#:~:text=State%20courts%20are%20the%20final,not%20to%20hear%20such%20cases (last visited Dec. 23, 2024). For the reasons stated, the federal court is without jurisdiction to hear this matter. Therefore, the Emergency Motion for Temporary Restraining Order (Dkt # 2) is DENIED without prejudice. Similarly, the case is DISMISSED for lack of subject matter jurisdiction. The Clerk is directed to close the case. (mkz) |
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misc
Filing Fee/Payment Received
Mon 12/23 1:47 PM
Filing fee: $ 405.00, receipt number 100010086 for1 Complaint, (O'Connor, Lilian) |
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misc
Copy Mailed
Mon 12/23 9:29 AM
(3x) Copies of Summons, Complaint, Docket sheet, Local Rules 4.1 mailed to Eric J. Porter on 12/23/2024. (Cooke, Melonie) |
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service
Summons Issued
Mon 12/23 8:58 AM
Summons Issued as to Thomas S Ambrosino, Heidi Bieger, Kimberly S. Budd. 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. (Cooke, Melonie) |
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| Friday, December 20, 2024 | ||
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motion
Summary Judgment
Fri 12/20 4:19 PM
MOTION for Summary Judgment by Thomas S Ambrosino.(Cooke, Melonie) |
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| 3 | 3
notice
Notice of Case Assignment
Fri 12/20 4:18 PM
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 Jessica D. Hedges. (Kinsella, Jaylannie) |
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motion
Temporary Restraining Order
Fri 12/20 4:09 PM
Emergency MOTION for Temporary Restraining Order by Thomas S Ambrosino.(Cooke, Melonie) |
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Att: 1
Proposed Order
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48
pgs
cmp
Complaint
Fri 12/20 4:05 PM
COMPLAINT against Heidi Bieger, Kimberly S. Budd, Eric J Porter, filed by Eric J Porter.(Cooke, Melonie) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Category Form,
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Att: 3
Exhibit A,
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Att: 4
Exhibit B,
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Att: 5
Exhibit C,
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Att: 6
Exhibit D,
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Att: 7
Exhibit E,
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Att: 8
Exhibit F,
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Att: 9
Exhibit G,
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Att: 10
Exhibit H,
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Att: 11
Exhibit I
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