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Court Case Record JOSEPH R. SEVERINO vs. OFFICER OF OLD COLONY CORRECTIONAL CENTER & another 2011-J-0108 UID(692a)


JOSEPH R. SEVERINO vs. OFFICER OF OLD COLONY CORRECTIONAL CENTER & another Court Case Record

Court Case Number: 2011-J-0108


 
Case Number2011-J-0108
Case TitleJOSEPH R. SEVERINO vs. OFFICER OF OLD COLONY CORRECTIONAL CENTER & another
Case TypeCivil
StateMassachusetts, MA
CountySuffolk
CourtSuffolk Superior Court
Court Address
Phone
Field Date03/22/2011
Close Date05/16/2011

Parties

CounselNameType
Joseph R. SeverinoPro Se Plaintiff/Petitioner
Nancy Ankers White, EsquireOfficer of Old Colony Correctional CenterDefendant/Respondent
Peter CataldoDefendant/Respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
03/22/2011 #1 Memo: *** Inmate Transaction Reports Impounded ***
03/22/2011 #2 Motion to waive entry fee, filed by Joseph R. Severino, is allowed.
03/22/2011 #3 Petition pursuant to M.G.L. c. 231, ยง 118 with attachments, filed by Joseph R. Severino.
03/22/2011 #4 Motion to proceed in forma pauperis, filed by Joseph R. Severino.
03/22/2011 #5 Notice and joinder of consolidation of appeal, filed by Joseph R. Severino.
04/22/2011 #6 ORDER: " JOSEPH SEVERINO vs. SUPERINTENDENT,(1) OLD COLONY CORRECTIONAL CENTER & others.(2) Before me is the plaintiff's petition for interlocutory relief from an order of the Superior Court requiring him to serve the defendants individually by first class mail. Because it is not clear from the plaintiff's submissions that the institution in which he is incarcerated has precluded him from making service in this fashion, his petition for interlocutory relief is hereby denied. I note, however, that Superior Court Administrative Directive 92-1 provides that "in those rare instances wherein the plaintiff has no access to funds," service may be authorized by regular mail. Presumably, this Directive was promulgated under the assumption that an inmate without access to funds may, in fact, accomplish service by regular mail. Should the institution in which the plaintiff is incarcerated apply the regulations of the Department of Corrections in a manner that effectively prevents the plaintiff from being able to make service as ordered, the plaintiff may seek appropriate relief in the Superior Court." (Cohen, J.). *Notice/Attest/Image footnotes (1) Karin T. Bergeron. (2) Dennis W. Bluter, Peter Cataldo, Ernest J. Therien.
05/03/2011 #7 Motion to consolidate 11-J-108 with 11-J-107, filed by Joseph Severino.
05/03/2011 Motion to reconsider paper #5, filed by Joseph R. Severino.
05/16/2011 RE#6: The motion to consolidate is denied. The motion for reconsideration is allowed, and, after reconsideration, further relief on his petition is denied. The plaintiff has disclosed new circumstances, i.e. that he has been transferred to a different institution. Accordingly, his request for relief is either moot or premature. If the new institution in which the plaintiff is now incarcerated applies the regulations of the Department of Corrections in a manner that effectively prevents him from being able to make service by regular mail as ordered, the plaintiff may seek appropriate relief in the Superior Court. It is not the function of the single justice to rule on matters that have not been considered by the trial court. (Cohen, J.)*Notice/Attest
05/27/2011 Memo: Notice RE#6 sent to Joseph Severino returned w/o explanation.