Ainooson, W90887, Justice Vs. Mici, Commissioner, Carol Et Al

Endorsement on Motion for Reconsideration of the Court's Order to Dismiss the Plaintiff's Complaint (#27.0): DENIED After review of motion, and of Commonwealth v. Montarvo, 486 Mass. 535(2020), the plaintiff's motion to reconsider is DENIED. SO ORDERED. Dated 3/8/2021 Judge: Haggan, Hon. Patrick

Plaintiff Justice Ainooson, W90887's Motion for Leave to Amend Complaint as Pursuant to Mass. R. Civ. P. Rule 15

Notice of Appeal: The Plaintiff "Ainooson" in the above entitled matter moving as pursuant to Mass. R. App. P. Rule 3, to appeal the Court's decision to grant the defendants' motion to dismiss and to deny Ainooson's motion for reconsideration. Applies To: Ainooson, W90887, Justice (Plaintiff)

Notice to Clerk of the Appeals Court of Assembly of Record

Appeal: Statement of the Case on Appeal (Cover Sheet).

Notice of assembly of record sent to Counsel

Justice Ainooson, W90887's Memorandum of Law in Support of His Petition for Preliminary Injunction

Notice of Appeal: The Plaintiff "Ainooson" in the above entitled matter, moving to appeal this Court's Judgment that he received on June 28, 2021, in the above entitled matter as the Appellate Court has ordered Ainooson to do. Date: July 2, 2021 Applies To: Ainooson, W90887, Justice (Plaintiff)

Notice of docket entry received from Appeals Court NOTICE OF DOCKET ENTRY: Please take note that, with respect to the Status Report, filed by Justice Ainooson, (Paper #7), on July 14, 2021, the following order was entered on the docket: RE#7: The stay of appellate proceedings is vacated.

JUDGMENT on Defendants, Carol Mici, Commissioner, Abbe E. Nelligan, Director of Classification, Sheila Creaton Kelly, Deputy Superintendent, Kerry Smith, Correctional Program Officer 12(b) motion to dismiss against Plaintiff(s) Justice Ainooson, W90887. It is ORDERED and ADJUDGED: This action came before the court, Honorable Patrick Haggan, presiding , upon Motion to Dismiss of the named above pursuant to Mass R. 12 . The parties having been heard, and/or the court having considered the pleadings and submission, finds there is no genuine issue as to material fact and that the defendants are entitled to a judgment as a matter of law. That the Plaintiff's complaint be dismissed with prejudice against all defendants .

Notice of assembly of record sent to Counsel

Notice to Clerk of the Appeals Court of Assembly of Record

Appeal: Statement of the Case on Appeal (Cover Sheet).

Plaintiff Justice Ainooson, W90887's Motion for Service upon the Superintendent as pursuant to Mass. Gen. Laws c. 127, section 6

Notice of docket entry received from Appeals Court NOTICE OF DOCKET ENTRY: Please take note that, with respect to the Motion for Clarification, filed for Justice Ainooson. (Paper #9), on October 1, 2021, the following order was entered on the docket: RE#9:

Court received NOTICE OF FAILURE TO ENTER APPEAL TIMELY related to appeal On July 29, 2021, the Middlesex Superior Court transmitted a notice of assembly to the Appeals Court in the above-referenced case, pursuant to Mass. R.A.P. 9(e). The Appeals Court received the notice on July 29, 2021.

Notice of docket entry received from Appeals Court NOTICE OF DOCKET ENTRY: Please take note that, with respect to the Misc. material received from Justice Ainooson re case entry. (Inadvertently not docketed when received on 09/30/21) (Paper #10), on October 4, 2021.

Notice of docket entry received from Appeals Court NOTICE OF DOCKET ENTRY: Please take note that, with respect to the Motion to file non-conforming brief, filed by Justice Ainooson. (Paper #11), on October 20, 2021, the following order was entered on the docket: RE#: 11: Allowed and accepted for filing. (Blake, J.)

Plaintiff Justice Ainooson, W90887's Motion for Reconsideration of the Court's Order to Dismiss the Plaintiff's Complaint

Opposition to Plaintiff's Motion for Reconsideration filed by Applies To: Mici, Commissioner, Carol (Defendant); Nelligan, Director of Classification, Abbe E. (Defendant); Kelly, Deputy Superintendent, Sheila Creaton (Defendant); Smith, Correctional Program Officer, Kerry (Defendant)

ORDER: Memorandum of Decision and Order on the defendants Motion to Dismiss for failure to state a claim For the reasons stated above, the defendants Motion to Dismiss is ALLOWED ( see scanned 9 pages ) Judge: Haggan, Hon. Patrick

Plaintiff Justice Ainooson, W90887's Response to the Defendants' Reply Due to the Misleading Nature of the Defendants' Reply

Defendant Carol Mici, Commissioner, Abbe E. Nelligan, Director of Classification, Sheila Creaton Kelly, Deputy Superintendent, Kerry Smith, Correctional Program Officer's Reply in support of Motion to dismiss For failure to state a claim

Plaintiff Justice Ainooson, W90887's Reply to the Defendants' Opposition to the Plaintiff's Petition for Preliminary Injunction

Plaintiff Justice Ainooson, W90887's Motion for An Extension of Time To File For Reconsideration

Endorsement on Motion to extend time for Filing a motion for reconsideration (#25.0): ALLOWED to 2/26/2021. Dated 2/1/2021 Judge: Wilkins, Hon. Douglas H

Plaintiff Justice Ainooson, W90887's Motion to Compel Discovery Pursuant to Mass. R. Civ. P. Rule 37(a)(2)

Plaintiff Justice Ainooson, W90887's Petition for Preliminary Injunction

Defendant Carol Mici, Commissioner, Abbe E. Nelligan, Director of Classification, Sheila Creaton Kelly, Deputy Superintendent, Kerry Smith, Correctional Program Officer's Motion to waive Superior Court Rule 9A

Opposition to Plaintiff's Motion to Compel Discovery (Ref. P#18) filed by Applies To: Mici, Commissioner, Carol (Defendant); Nelligan, Director of Classification, Abbe E. (Defendant); Kelly, Deputy Superintendent, Sheila Creaton (Defendant); Smith, Correctional Program Officer, Kerry (Defendant)

Attorney appearance On this date Richard E Gordon, Esq. added as Attorney for the Commonwealth for Defendant Carol Mici, Commissioner

Service Returned for Defendant Smith, Correctional Program Officer, Kerry: Service made via regular mail;

Service Returned for Defendant Nelligan, Director of Classification, Abbe E.: Service made via regular mail;

Service Returned for Defendant Mici, Commissioner, Carol: Service made via regular mail;

Service Returned for Defendant Kelly, Deputy Superintendent, Sheila Creaton: Service made via regular mail;

ORDER: The Court having reviewed the plaintiff's account statement and having determined the plaintiff has the ability to pay a portion of the filing fee hereby ORDERS the plaintiff to pay $00.00 to the Clerk of Middlesex Superior Court within 30 days. The Plaintiff is further ORDERED to forward to the Treasurer's Office of the institution where he or she is housed a copy of this Order with a request for payment of the assessed fee made payable to the "Clerk of Courts, Middlesex County. Copies mailed 10/21/2020 Judge: Haggan, Hon. Patrick

Amended: amended complaint filed by Justice Ainooson, W90887

Endorsement on Motion for Enlargement of time to make service (#10.0): ALLOWED Dated: Oct.20, 2020 and notices mailed 10/21/20 Judge: Haggan, Hon. Patrick

ORDER: PURSUANT TO STANDING ORDER 92-1 After review of your complaint and correspondence, the Court has ordered the following: 1. The complaint is to be entered without the requirement of a filing fee. 2.Summonses are to be provided to the plaintiff at no cost. 3. Service is to be made on each named defendant by regular mail at the plaintiff's expense. the return of service is to be made to the Clerk's Office in accordance with the attached instructions. 4.A copy of the complaint is to be sent to the Office of the Department of Corrections by the plaintiff. Copies mailed 10/21/2020 Judge: Haggan, Hon. Patrick

Plaintiff Justice Ainooson, W90887's Motion for Service by regular first class mail

Case assigned to: DCM Track F - Fast Track was added on 07/28/2020

Plaintiff Justice Ainooson, W90887's Motion for Enlargement of time to make service

Endorsement on Motion to amend the Complaint to correct a deficiency (#7.0): ALLOWED Dated 8/24/2020 Judge: Sarrouf, Camille

Civil action cover sheet filed.

Original civil complaint filed.