Case: Spratt v. Wall

Spratt v. RIDOC

No Court

Spratt v. Rhode Island Department of Corrections

U.S. Court of Appeals for the First Circuit

No Court

No Court

COMPLAINT filed; (McCabe, F)

MOTION by Wesley Spratt to Proceed in Forma Pauperis (McCabe, F) Modified on 04/01/2004

MOTION by Wesley Spratt for Appointment of Counsel (McCabe, F)

CASE assigned to Judge William E. Smith . Assigned to Magistrate Judge Hagopian (McCabe, F) (Entered: 04/01/2004)

Motion(s) referred: [3-1] motion for Appointment of Counsel referred to Magistrate Judge Jacob Hagopian, [2-1] motion to Proceed in Forma Pauperis referred to Magistrate Judge Jacob Hagopian (Mercurio, A) (Entered: 04/01/2004)

Motion(s) referred: [3-1] motion for Appointment of Counsel referred to Magistrate Judge Jacob Hagopian, [2-1] motion to Proceed in Forma Pauperis referred to Magistrate Judge Jacob Hagopian (Mercurio, A)

MEMORANDUM and ORDER granting [2-1] motion to Proceed in Forma Pauperis ( signed by Magistrate Judge Jacob Hagopian )(mailed to ptf.) (Mercurio, A) (Entered: 04/05/2004)

MEMORANDUM and ORDER denying [3-1] motion for Appointment of Counsel ( signed by Magistrate Judge Jacob Hagopian ) (mailed to ptf.) (Mercurio, A) Modified on 04/05/2004 (Entered: 04/05/2004)

(2) SUMMONS(ES) issued (Mercurio, A) (Entered: 04/05/2004)

(2) SUMMONS(ES) issued (Mercurio, A)

Installment Payment; PAYMENT # 1: AMOUNT $ 20.00; RECEIPT # 57035 Total Paid to Date: $ 20.00 (Baldinelli, D) Modified on 03/16/2005 (Entered: 07/22/2004)

Installment Payment; PAYMENT # 1: AMOUNT $ 20.00; RECEIPT # 57035 Total Paid to Date: $ 20.00 (Baldinelli, D) Modified on 03/16/2005

Installment Payment; PAYMENT # 2: AMOUNT $ 42.40; RECEIPT # 57158 Total Paid to Date: $ 62.40 (Baldinelli, D) Modified on 03/16/2005 (Entered: 07/22/2004)

Installment Payment; PAYMENT # 2: AMOUNT $ 42.40; RECEIPT # 57158 Total Paid to Date: $ 62.40 (Baldinelli, D) Modified on 03/16/2005

ANSWER to Complaint by A. T. Wall (Attorney Patricia Anne Coyne-Fague), (Baldinelli, D) (Entered: 05/28/2004)

Plaintiff's ANSWER to Defendant's answer (Baldinelli, D) Modified on 06/15/2004 (Entered: 06/15/2004)

Installment Payment; PAYMENT # 3: AMOUNT $ 22.00; RECEIPT # 57466 Total Paid to Date: $ 84.40 (Baldinelli, D) Modified on 03/16/2005

MOTION and memorandum by RIDOC, A. T. Wall for an extension of time to July 23, 2004 in which to answer plaintiff's motion for summary judgment. (Baldinelli, D) (Entered: 06/25/2004)

Motion(s) referred: [8-1] motion for an extension of time to July 23, 2004 in which to answer plaintiff's motion for summary judgment. referred to Magistrate Judge Jacob Hagopian (Mercurio, A) (Entered: 07/12/2004)

Motion(s) referred: [8-1] motion for an extension of time to July 23, 2004 in which to answer plaintiff's motion for summary judgment. referred to Magistrate Judge Jacob Hagopian (Mercurio, A)

ORDER granting [8-1] motion for an extension of time to July 23, 2004 in which to answer plaintiff's motion for summary judgment. ( signed by Magistrate Judge Jacob Hagopian ) (mailed to ptf. and faxed to deft.) (Mercurio, A) (Entered: 07/20/2004)

Deadline updated; Objection to Motion reset to 7/23/04 for [7-1] motion for Summary Judgment (Mercurio, A) (Entered: 07/20/2004)

Deadline updated; Objection to Motion reset to 7/23/04 for [7-1] motion for Summary Judgment (Mercurio, A)

Installment Payment; PAYMENT # 4: AMOUNT $ 22.40; RECEIPT # 57757 Total Paid to Date: $ 106.80 (Baldinelli, D) Modified on 03/16/2005 (Entered: 07/22/2004)

Installment Payment; PAYMENT # 4: AMOUNT $ 22.40; RECEIPT # 57757 Total Paid to Date: $ 106.80 (Baldinelli, D) Modified on 03/16/2005

MOTION and memorandum by A. T. Wall to Enlarge Time up to August 10, 2004 in which to answer plaintiff's Motion for Summary Judgment (Baldinelli, D) (Entered: 07/23/2004)

OBJECTION by Wesley Spratt to [10-1] motion to Enlarge Time up to August 10, 2004 in which to answer plaintiff's Motion for Summary Judgment (Baldinelli, D) (Entered: 07/28/2004)

MOTION by Wesley Spratt for Preliminary Injunction (Baldinelli, D) (Entered: 07/28/2004)

Motion(s) referred: [10-1] motion to Enlarge Time up to August 10, 2004 in which to answer plaintiff's Motion for Summary Judgment referred to Judge William E. Smith (Baldinelli, D) (Entered: 07/28/2004)

Motion(s) referred: [10-1] motion to Enlarge Time up to August 10, 2004 in which to answer plaintiff's Motion for Summary Judgment referred to Judge William E. Smith (Baldinelli, D)

ORDER granting [10-1] motion to Enlarge Time up to August 10, 2004 in which to answer plaintiff's Motion for Summary Judgment ( signed by Judge William E. Smith )faxed to all counsel of record. (Baldinelli, D) (Entered: 07/30/2004)

Deadline updated; Objection to Motion reset to 8/10/04 for [7-1] motion for Summary Judgment (Baldinelli, D)

OBJECTION by A. T. Wall to [12-1] motion for Preliminary Injunction (Baldinelli, D) (Entered: 08/02/2004)

OBJECTION and memorandum by A. T. Wall to [7-1] motion for Summary Judgment (Baldinelli, D) (Entered: 08/02/2004)

Statement Of Undisputed Fact by A. T. Wall RE: [15-1] motion for Summary Judgment (Baldinelli, D) (Entered: 08/02/2004)

Motion(s) referred: [12-1] motion for Preliminary Injunction referred to Judge William E. Smith, [7-1] motion for Summary Judgment referred to Judge William E. Smith (Mercurio, A) (Entered: 08/03/2004)

Motion(s) referred: [12-1] motion for Preliminary Injunction referred to Judge William E. Smith, [7-1] motion for Summary Judgment referred to Judge William E. Smith (Mercurio, A)

Motion(s) no longer referred to Judge Smith: [15-1] motion for Summary Judgment, [12-1] motion for Preliminary Injunction, [7-1] motion for Summary Judgment (Mercurio, A) (Entered: 08/04/2004)

Motion(s) referred: [15-1] motion for Summary Judgment referred to Magistrate Judge Jacob Hagopian, [12-1] motion for Preliminary Injunction referred to Magistrate Judge Jacob Hagopian, [7-1] motion for Summary Judgment referred to Magistrate Judge Jacob Hagopian (Mercurio, A) (Entered: 08/04/2004)

Motion(s) referred: [15-1] motion for Summary Judgment referred to Magistrate Judge Jacob Hagopian, [12-1] motion for Preliminary Injunction referred to Magistrate Judge Jacob Hagopian, [7-1] motion for Summary Judgment referred to Magistrate Judge Jacob Hagopian (Mercurio, A)

Motion(s) no longer referred to Judge Smith: [15-1] motion for Summary Judgment, [12-1] motion for Preliminary Injunction, [7-1] motion for Summary Judgment (Mercurio, A)

Statement Of Undisputed Fact by A. T. Wall RE: [15-1] motion response (Baldinelli, D) (Entered: 08/09/2004)

MOTION by Wesley Spratt to Enlarge Time to amend complaint (Baldinelli, D) (Entered: 08/13/2004)

MOTION by Wesley Spratt to Amend [1-1] complaint (Baldinelli, D) (Entered: 08/13/2004)

MOTION by Wesley Spratt to Amend [1-1] complaint (Baldinelli, D)

Installment Payment; PAYMENT # 5; AMOUNT $ 22.00; RECEIPT # 57948 Total Paid to Date: $ 128.80 (Baldinelli, D) Modified on 03/16/2005 (Entered: 08/20/2004)

Installment Payment; PAYMENT # 5; AMOUNT $ 22.00; RECEIPT # 57948 Total Paid to Date: $ 128.80 (Baldinelli, D) Modified on 03/16/2005

Motion(s) referred: [18-1] motion to Enlarge Time to amend complaint referred to Magistrate Judge Jacob Hagopian (Mercurio, A) (Entered: 08/30/2004)

Motion(s) referred: [18-1] motion to Enlarge Time to amend complaint referred to Magistrate Judge Jacob Hagopian (Mercurio, A)

MOTION by Wesley Spratt for extension of time to 30 days to send his amended answer and motion for summary judgment. (Baldinelli, D)

Motion(s) referred: [19-1] motion for extension of time to 30 days to send his amended answer and motion for summary judgment. referred to Magistrate Judge Jacob Hagopian (Mercurio, A) (Entered: 09/03/2004)

ORDER granting [18-1] motion to Enlarge Time to amend complaint. The Court shall construe plaintiff's complaint to include a claim under 42 USC Section 2000 cc. The defendants have not objected. Plaintiff shall file an amended complaint within ten (10) days ( signed by Magistrate Judge Jacob Hagopian ) (mailed to ptf. and faxed to deft.) (Mercurio, A)

ORDER granting [19-1] motion for extension of time to 30 days to send his amended answer and motion for summary judgment. ( signed by Magistrate Judge Jacob Hagopian )faxed to all counsel of record. (Baldinelli, D)

MOTION by Wesley Spratt to Enlarge Time to send his amended answer and motion for summary judgment the ACI copy machine is broken. (Baldinelli, D)

MOTION by Wesley Spratt for Summary Judgment and Immediate injunctive Relief (Baldinelli, D)

Installment Payment; PAYMENT # 6: AMOUNT $ 21.20; RECEIPT # 58291 Total Paid to Date: $ 150.00 (Baldinelli, D) Modified on 03/16/2005 (Entered: 10/05/2004)

Motion(s) referred: [23-1] motion for Summary Judgment and Immediate injunctive Relief referred to Magistrate Judge Jacob Hagopian (Mercurio, A) (Entered: 10/19/2004)

OBJECTION and memorandum by RIDOC, A. T. Wall to [23-1] motion for Summary Judgment and Immediate injunctive Relief (Baldinelli, D)

Answer by Wesley Spratt in opposition to [24-1] motion response (Baldinelli, D)

REPORT AND RECOMMENDATIONS of Magistrate Judge Jacob Hagopian Re: [23-1] motion for Summary Judgment and Immediate injunctive Relief, [15-1] motion for Summary Judgment, [7-1] motion for Summary Judgment - recommending plaintiff's motion for summary judgment be denied, and defendant Wall's motion for summary judgment be granted on plaintiff's First and Fourteenth Amendment claims. It is further recommended that plaintiff's claims made under 42 USC Section 2000cc be stayed pending the resolution of Cutter v. Wilkinson, 349 F.3d 257 (6th Cir. 2004), cert. granted 125 S.Ct 308 (Oct. 12, 2004) (No. 03-9877). ; Motion no longer referred Objections to R and R due by 1/31/05 (mailed to ptf. and faxed to deft.) (Mercurio, A)

REPORT AND RECOMMENDATIONS of Magistrate Judge Jacob Hagopian Re: [12-1] motion for Preliminary Injunction, [23-1] motion for Summary Judgment and Immediate injunctive Relief recommending plaintiff's motions for a preliminary injunction and for "immediate injunctive relief" be denied ; Motion no longer referred Objections to R and R due by 2/4/05 (mailed to ptf. and faxed to deft.) (Mercurio, A)

ORDER TO SHOW CAUSE in writing by February 10, 2005 why case against defendant, Rhode Island Department of Corrections should not be dismissed for lack of prosecution ( signed by Judge William E. Smith ) (mailed to ptf. and faxed to deft.) (Mercurio, A)

MOTION by Wesley Spratt for extention of Time to answer the Magistrate's Report and Recommendation (Baldinelli, D)

ORDER, to Dismiss defendant, Rhode Island Department of Corrections, for lack of prosecution ( signed by Judge William E. Smith ) (mailed to ptf. and faxed to deft.) (Mercurio, A)

ORDER: The Court hereby accepts the R and R of Magistrate Judge Jacob Hagopian dated January 18, 2005 pursuant to 28 USC 686(b)(1) denying [12-1] motion for Preliminary Injunction and for "immediate injunctive relief". signed by Judge William E. Smith . (mailed to ptf. and faxed to deft.)(Mercurio, A) Modified on 04/01/2005

ORDER: The Court hereby accepts the R and R of Magistrate Judge Jacob Hagopian dated January 13, 2005 pursuant to 28 USC 686(b)(1) denying [23-1] motion for Summary Judgment and Immediate injunctive Relief, granting [15-1] motion for Summary Judgment on First and Fourteenth Amendment claims. Plaintiff's claim under 42 USC Section 2000cc is stayed pending the resolution of Cutter v. Wilkinson, 349 F.3d 257, signed by Judge William E. Smith . (mailed to ptf. and faxed to deft.) (Mercurio, A)

OBJECTION by Wesley Spratt to [26-1] report and recommendations (Baldinelli, D) (Entered: 02/22/2005)

OBJECTION by Wesley Spratt to [26-1] report and recommendations (Baldinelli, D)

RETURNED DOCUMENT Obection to R&R as improperly filed by Wesley Spratt ( signed by Magistrate Judge Lincoln D. Almond ) (Mercurio, A) (Entered: 03/03/2005)

MOTION and memorandum by Wesley Spratt for Reconsideration of [30-1] order to Dismiss defendant, Rhode Island Department of Corrections, for lack of prosecution (Baldinelli, D) (Entered: 03/07/2005)

OBJECTION by Wesley Spratt to [32-1] report and recommendations (Baldinelli, D) (Entered: 03/07/2005)

ORDER granting [34-1] motion for Reconsideration of [30-1] order to Dismiss defendant, Rhode Island Department of Corrections, for lack of prosecution, granting [29-1] motion for extention of Time to answer the Magistrate's Report and Recommendation. the court sees no reason contained inPlaintiff's filing for upsetting the Report and Recommendation of the Magistrate Judge. Therefore, the Magistrate Judge's Report and Recommendation is adopted in total and Plaintiff's Motion for Summary Judgment is denied; Defendant's Motion for Summary Judgment with respect to the First and Fourteenth Amendment claims is GRANTED and Plaintiff's claim under 42 USC Section 200 (cc) is stayed pending the resolution of Cutter v. Wilkinson, 349 F.3d 257 (6th Cir. 2004) cert. granted 125 S. Ct. 308 (2004) ( signed by Judge William E. Smith ) (mailed to ptf. and faxed to deft.) (Mercurio, A) Modified on 7/20/2005 (Mercurio, Alba-Sue). (Entered: 04/01/2005)

NOTICE OF INTERLOCUTORY APPEAL of [36-1] order by Wesley Spratt - Notice of Appeal; Order dated 3/31/05; Plaintiff's Objection to the MJ R&R (doc #35); Plaintiff's letter to the Court (doc #34); order dated 2/10/05; R&R dated 1/18/05; R&R dated 1/13/05; Plaintiff's Motion for Summary Judgment and Immediate Injunctive Relief (Doc #23) (Baldinelli, D) (Entered: 04/20/2005)

Notice of appeal and certified copy of docket to USCA: Notice of Appeal; Certified Docket; Order dated 3/31/05; Plaintiff's Objection to the MJ R&R (doc #35); Plaintiff's letter to the Court (doc #34); order dated 2/10/05; R&R dated 1/18/05; R&R dated 1/13/05; Plaintiff's Motion for Summary Judgment and Immediate Injunctive Relief (Doc #23) (Baldinelli, D) (Entered: 04/20/2005)

Notice of appeal and certified copy of docket to USCA: Notice of Appeal; Certified Docket; Order dated 3/31/05; Plaintiff's Objection to the MJ R&R (doc #35); Plaintiff's letter to the Court (doc #34); order dated 2/10/05; R&R dated 1/18/05; R&R dated 1/13/05; Plaintiff's Motion for Summary Judgment and Immediate Injunctive Relief (Doc #23) (Baldinelli, D)

MOTION by Wesley Spratt to Proceed in Forma Pauperis (Baldinelli, D)

NOTICE of Docketing ROA from USCA Re: Interlocutory Appeal (Baldinelli, D)

ORDER granting [38-1] motion to Proceed in Forma Pauperis ( signed by Magistrate Judge Jacob Hagopian ) Mailed to all parties. (Baldinelli, D)

ORDER - Plaintiff's RLUIPA claim is now ripe for consideration. The parties shall submit, in writing, within ten days, any further documentation and/or arguments in support of, or against, plaintiff's RLUIPA claim. Thereafter, the Court shall take the matter under advisement.. Signed by Magistrate Judge Jacob Hagopian on 8/29/05. (mailed and faxed to parties of record)(Mercurio, Alba-Sue)

SUPPLEMENTAL MEMORANDUM by A. T. Wall in support of [15] Motion for Summary Judgment. (Baldinelli, Doreen)

SUPPLEMENTAL MEMORANDUM by Wesley Spratt in support of [7] Motion for Summary Judgment. (Baldinelli, Doreen)

ORDER (Submissions on plaintiff's RLUIPA claim, this Court finds an issue unaddressed.) The parties are hereby ordered to address this issue in writing within ten days.. Signed by Judge Jacob Hagopian on October 3, 2005. (Baldinelli, Doreen)

MEMORANDUM addressing whether RLUIPS is Applicable to the Rhode Island Department of Corrections in Light of The Federal Funding Requirement of 42 USC ? 2000 cc-1(b)(1) by A. T. Wall [44] Order. (Baldinelli, Doreen)

MEMORANDUM Adressing whether RLUIPA is Applicable to the RI Department of Corrections re: [44] Order. (Baldinelli, Doreen)

MOTION for Reasonable Attorney Fees by Wesley Spratt. Responses due by 11/1/2005 (Baldinelli, Doreen) (Entered: 10/18/2005)

MOTION for Special Damages Rule 9 (G) by Wesley Spratt. Responses due by 11/1/2005 (Baldinelli, Doreen) (Entered: 10/18/2005)

MOTION to Amend the 1 Complaint by Wesley Spratt. Responses due by 11/1/2005 (Baldinelli, Doreen) (Entered: 10/18/2005)

ORDER - After a review of the parties submissions on the plaintiff's claims under the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 USC Section 2000cc-1, the Court finds yet another issue unaddressed by the parties. The defendant shall detail, by way of affidavit or otherwise, how the restriction on the plaintiff's supervised preaching "is the least restrictive means" of furthering the Department of Corrections' security interest. The defendant shall comply within ten days. The plaintiff may provide a reply within ten days thereafter.. Signed by Magistrate Judge Jacob Hagopian on 10/18/05. (mailed to ptf. and faxed to deft.)(Mercurio, Alba-Sue) (Entered: 10/19/2005)

MEMORANDUM by A. T. Wall in support of 50 Order. (Baldinelli, Doreen) (Entered: 11/02/2005)

48 MOTION for Special Damages Rule 9 (G), 47 MOTION for Attorney Fees, 49 MOTION to Amend/Correct [1] Complaint REFERRED to MJ Hagopian. (Mercurio, Alba-Sue) (Entered: 11/03/2005)

48 MOTION for Special Damages Rule 9 (G), 47 MOTION for Attorney Fees, 49 MOTION to Amend/Correct 1 Complaint REFERRED to MJ Hagopian. (Mercurio, Alba-Sue)

MEMORANDUM IN SUPPORT by Wesley Spratt 50 Order,,. (Baldinelli, Doreen) (Entered: 11/14/2005)

ORDER denying 47 Motion for Attorney Fees. No basis exists to award attorney's fees to the Pro Se plaintiff. Signed by Magistrate Judge Jacob Hagopian on 11/21/05. (mailed to ptf. and faxed to deft.) (Mercurio, Alba-Sue) Modified on 11/23/2005 (Gilfillan, Barbara)(correct spelling error). (Entered: 11/21/2005)

ORDER denying 49 Motion to Amend/Correct . Amendment of the Complaint to include special damages would be futile. I have recommended that Summary Judgement be entered against the Plaintiff. Signed by Magistrate Judge Jacob Hagopian on 11/21/05. (mailed to ptf. and faxed to deft.) (Mercurio, Alba-Sue) (Entered: 11/21/2005)

ORDER denying 48 Motion for Special Damages . No basis exists to award Pro Se Plaintiff the damages he seeks. Signed by Magistrate Judge Jacob Hagopian on 11/21/05. (mailed to ptf. and faxed to deft.) (Mercurio, Alba-Sue) (Entered: 11/21/2005)

REPORT AND RECOMMENDATIONS re 23 Motion for Summary Judgment filed by Wesley Spratt,, 15 Motion for Summary Judgment filed by A. T. Wall,, 7 Motion for Summary Judgment filed by Wesley Spratt. Recommending plaintiff's motion for summary judgment be denied and the defendant's motion for summary judgment be granted on plaintiff's RLUIPA claim. Objections to R&R due by 12/6/2005. Signed by Magistrate Judge Jacob Hagopian on 11/21/05. (Mercurio, Alba-Sue) (Entered: 11/21/2005)

RESPONSE IN OPPOSITION by Wesley Spratt re 55 ORDER denying 48 Motion for Special Damages . No basis exists to award Pro Se Plaintiff the damages he seeks. Signed by Magistrate Judge Jacob Hagopian on 11/21/05. (Baldinelli, Doreen) Modified on 12/6/2005 (Baldinelli, Doreen). Modified on 12/6/2005 (Baldinelli, Doreen). (Entered: 12/06/2005)

MOTION for Extension of Time to file his objection to the Report and Recommondation dated November 22, 2005. by Wesley Spratt. Responses due by 12/19/2005 (Baldinelli, Doreen) (Entered: 12/06/2005)

APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Wesley Spratt re 53 Order on Motion for Attorney Fees, (Baldinelli, Doreen) (Entered: 12/06/2005)

58 MOTION for Extension of Time to File REFERRED to Judge Smith. (Mercurio, Alba-Sue) (Entered: 12/06/2005)