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Court Case Record TONY B. GASKINS & others vs. COMMISSIONER OF CORRECTIONS & others 2013-P-1112 UID(36d8)


TONY B. GASKINS & others vs. COMMISSIONER OF CORRECTIONS & others Court Case Record

Court Case Number: 2013-P-1112


 
Case Number2013-P-1112
Case TitleTONY B. GASKINS & others vs. COMMISSIONER OF CORRECTIONS & others
Case TypeCivil
StateMassachusetts, MA
CountySuffolk
CourtSuffolk Superior Court
Court Address
Phone
Field Date08/23/2006
Close Date12/01/2014

Parties

CounselNameType
Tony B. GaskinsPro Se Plaintiff/Appellant
Mac HudsonPro Se Plaintiff
Carl OdwarePro Se Plaintiff
Derick TylerPro Se Plaintiff/Appellant
Robert BrownPro Se Plaintiff/Appellant
Orrin SimmonsPro Se Plaintiff
Jeffrey HardyPro Se Plaintiff
Samual CorreaPro Se Plaintiff
Adam RosierPlaintiff
Zakarya BushPro Se Plaintiff
Trevor HigginsPro Se Plaintiff
Steven JaccobbePro Se Plaintiff
Nancy Ankers White, Esquire Mary C. Eiro-Bartevyan, EsquireCommissioner of CorrectionsDefendant/Appellee
Nancy Ankers White, Esquire Mary C. Eiro-Bartevyan, EsquireSuperintendent o MCI Cedar JunctionDefendant/Appellee
Nancy Ankers White, Esquire Mary C. Eiro-Bartevyan, EsquireDepartmental Dis MCI Cedar JunctionDefendant/Appellee
Souza Baranowski Correctional CeMassachusetts Correctional Institution
DOCKET ENTRIES
Entry Date Paper Entry Text
07/17/2013 #1 MOTION to enter in forma pauperis, filed by Tony B. Gaskins, & Derick Tyler.
07/17/2013 #2 Entered.
07/17/2013 #3 Notice of entry sent.
07/17/2013 #4 ORDER REGARDING APPELLANT'S MOTION TO Enter In Forma Pauperis. The appellant/Tony B. Gaskins in the above-captioned action has filed a Motion to Enter In Forma Pauperis. To complete review of the Motion, the court requires the following: Completed inmate Affidavit of Indigency in the form attached. The required document(s) shall be filed on or before 07/31/13 and shall be delivered or mailed to: APPEALS COURT CLERK'S OFFICE, JOHN ADAMS COURTHOUSE, ONE PEMBERTON SQUARE, ROOM 1200, BOSTON, MA. 02108. The appellant's brief and record appendix remain due in this court on or before 08/26/2013. *Notice Sent.
07/17/2013 #5 ORDER REGARDING APPELLANT'S MOTION TO Enter In Forma Pauperis. The appellant/Derick Tyler in the above-captioned action has filed a Motion to Enter In Forma Pauperis. To complete review of the Motion, the court requires the following: Completed inmate Affidavit of Indigency in the form attached. The required document(s) shall be filed on or before 07/31/13 and shall be delivered or mailed to: APPEALS COURT CLERK'S OFFICE, JOHN ADAMS COURTHOUSE, ONE PEMBERTON SQUARE, ROOM 1200, BOSTON, MA. 02108. The appellant's brief and record appendix remain due in this court on or before 08/26/2013. *Notice Sent.
07/26/2013 #6 Affidavit of Indigency, received from Tony B. Gaskins.
07/29/2013 #7 Memo: Notice of entry & notices RE# 3 & 4 sent to Orrin Simmons returned as not deliverable as addressed, unable to forward.
07/29/2013 #8 Memo: Notice of entry & notices RE# 3 & 4 sent to Jeffrey Hardy returned as not deliverable as addressed, unable to forward. Re-sent to correct address.
07/29/2013 #9 Memo: Notice of entry & notices RE# 3 & 4 sent to Zakarya Bush returned as not deliverable as addressed, unable to forward. No forwarding address available.
07/29/2013 #10 ORDER TO COMMISSIONER OF CORRECTION TO PROVIDE CERTAIN INFORMATION REGARDING INMATE ACCOUNT RELATIVE TO APPELLANT'S MOTION TO WAIVE FILING FEE. The appellant in the above-captioned action has filed a Motion to Waive entry fee. Pursuant to G. L. c. 261, ยง 29, the correctional facility where the prisoner is currently incarcerated shall file a document showing the current status of the plaintiff's canteen account and savings account, if any, and the account activity for the past six (6) months. The statement shall be filed within thirty (30) days of the date of this order. The statement is to be mailed to: APPEALS COURT CLERK'S OFFICE, JOHN ADAMS COURTHOUSE, ONE PEMBERTON SQUARE, ROOM 1200, BOSTON, MA 02108. The appellant's brief and record appendix remain due in this court on or before 08/26/2013. Notice Sent.
08/09/2013 #11 Letter from Adam Rosier re: remove name from case.
08/12/2013 #12 Memo: Notice of order to commissioner of corrections sent to Orrin Simmons returned as "released." Notice not resent - party notice adjusted.
08/14/2013 #13 Affidavit of Indigency & Inmate transaction report, received from Robert Brown.
08/23/2013 #14 RE#8: Appeal entered without fee (Vuono, J.). *Notice.
09/03/2013 #15 Motion for informa pauperis, filed by Mac Hudson.
09/06/2013 #16 Motion to file non-conforming brief, filed by Tony B. Gaskins
09/06/2013 #17 Motion to extend brief beyond fifty page limit, filed by Tony B. Gaskins
09/10/2013 #18 RE#9: Mac Hudson's motion to waive the filing fee is untimely. In order to docket an appeal in this court, pursuant to MRAP 10(a), the filing fee or motion to waive must be received within 10 days of receipt of the notice of assembly. Here, the trial court sent out the notice of assembly on 7/10/13 and Hudson's motion to waive was not filed until 9/3/13, after expiration of the 10-day deadline. Because you are attempting to docket an appeal beyond the 10-day deadline prescribed by rule 10(a), you must first prepare and file a motion to docket the appeal late setting forth excusable neglect for the late docketing and meritorious issues to present on appeal. See Tisei v. Building Inspector of Marlborough, 3 Mass. App. Ct. 377, 379 (1975) and MRAP 10(a)(3). Only if the motion to docket appeal late is allowed, will your motion to waive the filing fee be considered. *Notice.
09/10/2013 #19 RE#10: Allowed and accepted for filing this date. (Cypher, J.). Notice to counsel.
09/10/2013 #20 RE#11: See action on Paper #10. *Notice.
09/10/2013 #21 SERVICE of 5 copies brief & appendix for Plaintiff/Appellant Tony B. Gaskins.
09/19/2013 #22 MOTION to proceed in forma pauperis late, filed by Mac Hudson.