Preview
1d
ny
CY
Ye GQ 34
COMMONWEALTH OF MASSACHUSETTES
45 00%
‘THES TRIAL. COURT
“SUPERIOR “COURT: DEPARTMENT: 2
ANORTHAMPTON DIVISION CIVIL: ACTION: No-Hscv201 5-00002-A
»PLANTIFF
HAMPSHIRE SUF o> COURT |
Q vs.
‘MR. ROBERT J. GARVEY SUN
2 2015 |
MR. PATRICK J. CAHILLANE
AND ALL INVOLVED IN SAID CASE Bi
. . Lek. Aig
»DEFENDANT(S)
bel
MOTION FOR AN ORDER TO RECIEVE COPIES OF RECORD'S
(OW COMES THE Plantiff,Jennifer Elizabeth Picknelly Acting Pro'se in the above—Captioned
mXtter and respectfully moves this Honorable Court to Order The Hampshire County Sheriff's
Department and House Of Correction's to give or send the platiff copies of her institutional
+, Record's Which at the time was under the name of James Robert Kelly-Weir ID#13681 her
mailing Address is 205 Rockyhill rd./Po box 7000,Northampton mass 01060. The plantiff
\N Request's the following record's/Files All Protective Custody Admiision'Fo rm's with all
Staff's notes Assocated: with it, All Files on Administrative Segragation plus all Notes
From staff Assocated::with it including Classafacation Reveiw board meeting's, All
Disiplinary Report's and staff Notes Assocated:with it,Enemy List's and their Location's
for Housing (to compare to plantiff's to see they were housed together) The Plantiff's
Housing Location's and dates ect. All request slip's and incident report's,:A11:P:R.E.A.
(Prision,Rape,Elimanation,Act) Report's,investagation report's/finding's for or against
the plantiff. Disiplinary report's on Emmit Harvin only ifiAssocated with the plantiff
to compare to see if he was wriiten up for extorting the plantiff, All files/Record's
on all inmate's who are L.G.B.T. (who said they were ) and where they were housed upon
admission into General population. All notes/files/record's/medical&mentalhealth record's
neluding Caseworker's/counsler's/Teacher's/Officer's files/record's notes for the plantiff£
R THE FOLLOWING REASON'S:
1. The plantiff want's these files to submit as -evidence in her case for trial :
Furthermore these record's/Files/Notes will prove plantiff's complaint to be
true and Correct.
2. The plantiff want's these files to show the court also how the Defendant(s) :
Run Their facility and how much abuse the plantiff had to endure while she
in their care and custody:
N 3. The
Should
plantiff
grant
feel's
her motion
that due
for
to
an order
reason's
to
stated
receive
above
copies
that
of
this
record's.
Honorable Court
RESPECTFULLY SUBMITTED
—RESPECTFULLY SUBMITTED
‘N CN IS be, * peét—Sob ey Hh Ly gnel zt]
coy
ETT
R. KELLY-WEIR) PRO'SE aye FI ZABETH PICKE {ELLY)PRO'A
O Se
COMMONWEALTH OF MASSACHUSETTES
THE TRIAL COURT
SUPERIOR COURT DEPARTMENT
NORTHAMPTON DIVISION CIVIL ACTION DOCKET NO.
--+-------- HSCV-20 000
JAMES ROBERT KELLY-WEIR
SENNEFER-ELLZABETH- PLCRNELLY
On behalf of herself
»PLANTIFF .
RT
i
vs.
SUNN LE 2 2015
MR. ROBERT J. GARVEY
MR. PATRICK J. CAHILLANE
AND ALL OTHER'S INVOLVED IN SAID CASE Ltt
»DEFENDANT(S)
MEMORANDUM IN SUPPORT OF MOTION TO RECIEVE COPIES OF RECORD'S
NOW COMES THE Plantiff,Jennifer Elizabeth Picknelly Also Known As James Robert Kelly-Weir
Acting Pro'se In the Above-Captioned Matter Respectfully Moves This Honorable Court to
Order And/Or Grant the Plantiff's Motion For An Order To Receive Copies of Record's
For The FOLLOWING REASON'S:
1. The Plantiff want's to use those Record's as Evidence at Trial on Her
Civil Action Complaint Against The Named Defendant(s).
_ 2. The 'Record's Yhat-The Plantiffé-Is Requesting Will Prove-The-Plantiff's ~ -.
Civil Action Complaint Against the Named Defendant(s).
3. The Plantiff Want's It Known That the Name Jennifer Elizabeth Picknelly is
In Fact Her Legal Name And Both Names(James Robert Kelly-Weir) Are Mentioned
In Her Motion's And In Her Civil Action Complaint.
4. The Plantiff Feel's That Due To the Reason's Stated Above That This Honorable
Court Should Grant Her Motion For An Order To Recieve Copies Of Record's.
RESPECTFULLY SUBMITTED
oe
XK one tec. Cb tabeck Vee
~GGENNIFER ELIZABETH PI LLY)
we PRO'SE
x
cc: MY FILE (JAMES! R. KELLY-WEIR) PRO'SE
NORTHAMPTON SUPERIOR COURT
CHARLES M. MAGUIRE ATTORNEY AT LAW
T
af
DIRECTIVES Admin, Directive No. 03-1
, Rescinded
t
IMENT
Anties or
APPENDIX OF ADMINISTRATIVE’ DIRECTIVES
rective ‘Admin: ativ. Inmate
e goods or est Non-Filing of Discovery Materials Civil Cases—Service of Process *
(Rescinded].
athorized), Inmate Civil Cases—Service of Process: This administrative directive is implemented to ad-
of [Rescinded}. dress the unique problems that often accompany a
of Superior Court Business Litigation Sessions. civil action that is filed by someone who is incarcerat-
ntiff ed. Its aim is to promote a just and speedy resolution
in the of these civil actions by ensuring:
al Court for 1. That upon filing, the complaint is entered expe-
this writ wi ‘Administrative Directive No. 90-2. Non-
ditiously and appropriate notice is sent.
Filing of Discovery Materials
as filed on 2, That all named parties receive actual notice of
its in judicial appropriations over the last few, the litigation.
‘proved on + have critically reduced the staff of the Superior
mount of tirt Clerks’ offices. Staffing levels now are well 3. That the cases proceed in a timely and cost,
LIGAN, Esq low where they were in 1980 although the volume of effective manner.
= _. entered each year has risen substantially over Accordingly, it is ordered that upon the filing of the
ten-year period. Moreover, although 918 author- complaint, the Clerk is to pass upon the sufficiency of
staff positions exist in the Superior Court, only the affidavit of indigency (in almost all cases, the
of those are currently filled-and only 738 have prisoner is indigent but has access to limited’ funds)
‘funded for fiscal year 1991, Operating at only and if indigent, to authorize service of. process by
4 issued purst
% of its authorized strength, the Court is unable to certified mail on all named defendants—eopy to the
ectively docket, store and process the volume of Attorney General. With notification of this action
tules of Ci * * * the Clerk is to provide the plaintiff with the
3 -entered in the: Clerk’s office on a daily basis
to manage simultaneously the Court's civil and appropriate number of blank summonses. It is the
00 business. obligation of the plaintiff to provide the requisite
number of copies of the complaint and to complete the
véantly, therefore, but with the- advice, consent summons to perfect service. Tn those rare instances
‘éement of the Superior Court Clerk—Magis- wherein the plaintiff has no. access to funds (ex. not in
HMENT and ona temporary basis until further notice, the general population of the prison) service may be
» 195 shall serve, but shall not file, the following authorized by regular mail and the Court is to provide
-named defen ry materials: the appropriate number of blank summonses.
Tnterrogatories and answers. With the notice of the Court's action, the plaintiff is
is also to be notified of what is required in. filing a return
Requests for admissions and answers. of service * * * and of the waiving of that part of
Superior Court Rule 9A which requires the packaging
Any discovery agreement or stipulation between of motions and responses thereto. ‘eK
‘parties which does not affect any deadline con- x
‘@ tracking order entered under Superior When a complaint filed by an inmate requests other
ourt, Standing Order 1-88. than money damages, the complaint is to be reviewed
VICE by a justice for whatever action he or she deems
the provisions of Mass.R.Civ.P. 5(@)2) shall apply appropriate. For example, it is in the discretion of
ton ‘all documents listed above. In addition, if any the justice to decide a request for a preliminary
of attachment érson-believes that a particular document of the type injunction upon submissions and not require the pres-
llowing manne! id.:above should be filed in a specific case, that ence of the inmate.
m may file with the Court an ex parte motion
itifying the document in question, stating the This administrative directive is to take effect forth-
with ‘
‘of the order the person seeks and the grounds
motion. The motion shall be presented to, and Bffective May 1, 1992.
id by, the Regional Administrative Justice.
e December. 3, 1990. Administrative Directive No. 03-1. Superior
Court Business Litigation Session Extension
Administrative Directive No. and Expanded Venue [RESCINDED]
[Rescinded] Effective March 8, 2008. Rescinded with the adoption of
1-1. Administrative Directive No. 09-1, effective January 19,
fective July 1, 1991. Rescinded effective October4, 2010.
1787
Preview
1d ny CY Ye GQ 34 COMMONWEALTH OF MASSACHUSETTES 45 00% ‘THES TRIAL. COURT “SUPERIOR “COURT: DEPARTMENT: 2 ANORTHAMPTON DIVISION CIVIL: ACTION: No-Hscv201 5-00002-A »PLANTIFF HAMPSHIRE SUF o> COURT | Q vs. ‘MR. ROBERT J. GARVEY SUN 2 2015 | MR. PATRICK J. CAHILLANE AND ALL INVOLVED IN SAID CASE Bi . . Lek. Aig »DEFENDANT(S) bel MOTION FOR AN ORDER TO RECIEVE COPIES OF RECORD'S (OW COMES THE Plantiff,Jennifer Elizabeth Picknelly Acting Pro'se in the above—Captioned mXtter and respectfully moves this Honorable Court to Order The Hampshire County Sheriff's Department and House Of Correction's to give or send the platiff copies of her institutional +, Record's Which at the time was under the name of James Robert Kelly-Weir ID#13681 her mailing Address is 205 Rockyhill rd./Po box 7000,Northampton mass 01060. The plantiff \N Request's the following record's/Files All Protective Custody Admiision'Fo rm's with all Staff's notes Assocated: with it, All Files on Administrative Segragation plus all Notes From staff Assocated::with it including Classafacation Reveiw board meeting's, All Disiplinary Report's and staff Notes Assocated:with it,Enemy List's and their Location's for Housing (to compare to plantiff's to see they were housed together) The Plantiff's Housing Location's and dates ect. All request slip's and incident report's,:A11:P:R.E.A. (Prision,Rape,Elimanation,Act) Report's,investagation report's/finding's for or against the plantiff. Disiplinary report's on Emmit Harvin only ifiAssocated with the plantiff to compare to see if he was wriiten up for extorting the plantiff, All files/Record's on all inmate's who are L.G.B.T. (who said they were ) and where they were housed upon admission into General population. All notes/files/record's/medical&mentalhealth record's neluding Caseworker's/counsler's/Teacher's/Officer's files/record's notes for the plantiff£ R THE FOLLOWING REASON'S: 1. The plantiff want's these files to submit as -evidence in her case for trial : Furthermore these record's/Files/Notes will prove plantiff's complaint to be true and Correct. 2. The plantiff want's these files to show the court also how the Defendant(s) : Run Their facility and how much abuse the plantiff had to endure while she in their care and custody: N 3. The Should plantiff grant feel's her motion that due for to an order reason's to stated receive above copies that of this record's. Honorable Court RESPECTFULLY SUBMITTED —RESPECTFULLY SUBMITTED ‘N CN IS be, * peét—Sob ey Hh Ly gnel zt] coy ETT R. KELLY-WEIR) PRO'SE aye FI ZABETH PICKE {ELLY)PRO'A O Se COMMONWEALTH OF MASSACHUSETTES THE TRIAL COURT SUPERIOR COURT DEPARTMENT NORTHAMPTON DIVISION CIVIL ACTION DOCKET NO. --+-------- HSCV-20 000 JAMES ROBERT KELLY-WEIR SENNEFER-ELLZABETH- PLCRNELLY On behalf of herself »PLANTIFF . RT i vs. SUNN LE 2 2015 MR. ROBERT J. GARVEY MR. PATRICK J. CAHILLANE AND ALL OTHER'S INVOLVED IN SAID CASE Ltt »DEFENDANT(S) MEMORANDUM IN SUPPORT OF MOTION TO RECIEVE COPIES OF RECORD'S NOW COMES THE Plantiff,Jennifer Elizabeth Picknelly Also Known As James Robert Kelly-Weir Acting Pro'se In the Above-Captioned Matter Respectfully Moves This Honorable Court to Order And/Or Grant the Plantiff's Motion For An Order To Receive Copies of Record's For The FOLLOWING REASON'S: 1. The Plantiff want's to use those Record's as Evidence at Trial on Her Civil Action Complaint Against The Named Defendant(s). _ 2. The 'Record's Yhat-The Plantiffé-Is Requesting Will Prove-The-Plantiff's ~ -. Civil Action Complaint Against the Named Defendant(s). 3. The Plantiff Want's It Known That the Name Jennifer Elizabeth Picknelly is In Fact Her Legal Name And Both Names(James Robert Kelly-Weir) Are Mentioned In Her Motion's And In Her Civil Action Complaint. 4. The Plantiff Feel's That Due To the Reason's Stated Above That This Honorable Court Should Grant Her Motion For An Order To Recieve Copies Of Record's. RESPECTFULLY SUBMITTED oe XK one tec. Cb tabeck Vee ~GGENNIFER ELIZABETH PI LLY) we PRO'SE x cc: MY FILE (JAMES! R. KELLY-WEIR) PRO'SE NORTHAMPTON SUPERIOR COURT CHARLES M. MAGUIRE ATTORNEY AT LAW T af DIRECTIVES Admin, Directive No. 03-1 , Rescinded t IMENT Anties or APPENDIX OF ADMINISTRATIVE’ DIRECTIVES rective ‘Admin: ativ. Inmate e goods or est Non-Filing of Discovery Materials Civil Cases—Service of Process * (Rescinded]. athorized), Inmate Civil Cases—Service of Process: This administrative directive is implemented to ad- of [Rescinded}. dress the unique problems that often accompany a of Superior Court Business Litigation Sessions. civil action that is filed by someone who is incarcerat- ntiff ed. Its aim is to promote a just and speedy resolution in the of these civil actions by ensuring: al Court for 1. That upon filing, the complaint is entered expe- this writ wi ‘Administrative Directive No. 90-2. Non- ditiously and appropriate notice is sent. Filing of Discovery Materials as filed on 2, That all named parties receive actual notice of its in judicial appropriations over the last few, the litigation. ‘proved on + have critically reduced the staff of the Superior mount of tirt Clerks’ offices. Staffing levels now are well 3. That the cases proceed in a timely and cost, LIGAN, Esq low where they were in 1980 although the volume of effective manner. = _. entered each year has risen substantially over Accordingly, it is ordered that upon the filing of the ten-year period. Moreover, although 918 author- complaint, the Clerk is to pass upon the sufficiency of staff positions exist in the Superior Court, only the affidavit of indigency (in almost all cases, the of those are currently filled-and only 738 have prisoner is indigent but has access to limited’ funds) ‘funded for fiscal year 1991, Operating at only and if indigent, to authorize service of. process by 4 issued purst % of its authorized strength, the Court is unable to certified mail on all named defendants—eopy to the ectively docket, store and process the volume of Attorney General. With notification of this action tules of Ci * * * the Clerk is to provide the plaintiff with the 3 -entered in the: Clerk’s office on a daily basis to manage simultaneously the Court's civil and appropriate number of blank summonses. It is the 00 business. obligation of the plaintiff to provide the requisite number of copies of the complaint and to complete the véantly, therefore, but with the- advice, consent summons to perfect service. Tn those rare instances ‘éement of the Superior Court Clerk—Magis- wherein the plaintiff has no. access to funds (ex. not in HMENT and ona temporary basis until further notice, the general population of the prison) service may be » 195 shall serve, but shall not file, the following authorized by regular mail and the Court is to provide -named defen ry materials: the appropriate number of blank summonses. Tnterrogatories and answers. With the notice of the Court's action, the plaintiff is is also to be notified of what is required in. filing a return Requests for admissions and answers. of service * * * and of the waiving of that part of Superior Court Rule 9A which requires the packaging Any discovery agreement or stipulation between of motions and responses thereto. ‘eK ‘parties which does not affect any deadline con- x ‘@ tracking order entered under Superior When a complaint filed by an inmate requests other ourt, Standing Order 1-88. than money damages, the complaint is to be reviewed VICE by a justice for whatever action he or she deems the provisions of Mass.R.Civ.P. 5(@)2) shall apply appropriate. For example, it is in the discretion of ton ‘all documents listed above. In addition, if any the justice to decide a request for a preliminary of attachment érson-believes that a particular document of the type injunction upon submissions and not require the pres- llowing manne! id.:above should be filed in a specific case, that ence of the inmate. m may file with the Court an ex parte motion itifying the document in question, stating the This administrative directive is to take effect forth- with ‘ ‘of the order the person seeks and the grounds motion. The motion shall be presented to, and Bffective May 1, 1992. id by, the Regional Administrative Justice. e December. 3, 1990. Administrative Directive No. 03-1. Superior Court Business Litigation Session Extension Administrative Directive No. and Expanded Venue [RESCINDED] [Rescinded] Effective March 8, 2008. Rescinded with the adoption of 1-1. Administrative Directive No. 09-1, effective January 19, fective July 1, 1991. Rescinded effective October4, 2010. 1787