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Court Case Record JOSEPH SEVERINO vs. OFFICERS OF OLD COLONY CORRECTIONAL CENTER & others 2011-J-0107 UID(407c)


JOSEPH SEVERINO vs. OFFICERS OF OLD COLONY CORRECTIONAL CENTER & others Court Case Record

Court Case Number: 2011-J-0107


 
Case Number2011-J-0107
Case TitleJOSEPH SEVERINO vs. OFFICERS OF OLD COLONY CORRECTIONAL CENTER & others
Case TypeCivil
StateMassachusetts, MA
CountySuffolk
CourtSuffolk Superior Court
Court Address
Phone
Field Date03/22/2011
Close Date04/22/2011

Parties

CounselNameType
Joseph SeverinoPro Se Plaintiff/Petitioner
Nancy Ankers White, EsquireOfficers of Old Colony Correctional CenterDefendant/Respondent
Joseph AlmeidaDefendant/Respondent
David E. LeachDefendant/Respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
03/22/2011 #1 Memo: Officers of O.C.C.C.: John Poulin-Disciplinary Officer, Philip J. Poirier-Captain, Theodore L. Lariviere-Security, Scott Brown-Captain, Special Hearings Unit, Dennis W. Bluter-Commander Security, Karin T. Bergeron, Supt. & Kevin A. Anahory-Legal Counsel Dept. Correction.
03/22/2011 #2 Memo: *** Inmate Transaction Reports Impounded ***
03/22/2011 #3 Motion to waive entry fee, filed by Joseph Severino, is allowed.
03/22/2011 #4 Petition pursuant to M.G.L. c. 231, ยง 118 with attachments, filed by Joseph Severino.
03/22/2011 #5 Motion to proceed in forma pauperis, filed by Joseph Severino.
03/22/2011 #6 Notice and joinder of consolidation of appeal, filed by Joseph Severino.
04/22/2011 #7 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, entered March 9, 2011, refusing to reconsider a prior order requiring him to make service upon the defendants by certified mail. After review, I conclude that the order of the Superior Court should be modified to permit the plaintiff to make service upon the defendants by first class United States mail and to provide proof of service by affidavit pursuant to Mass.R.Civ.P. 4 -- this being the same procedure afforded to the plaintiff by Superior Court order dated January 26, 2011, in SUCV2011-00027. At this time, the plaintiff's concerns about his ability to effectuate service are unfounded. 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) Joseph Almeida, Kevin A. Anahory, Dennis W. Bluter, Scott Brown, Theodore L. Lariviere, David E. Leach, Philip J. Poirier, John Poulin.
05/03/2011 Motion to consolidate 11-J-107 with 11-J-108, filed by Joseph Severino.
05/03/2011 Motion to reconsider paper #5, filed by Joseph 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. Notice resent to address listed on motion.