U. S. Court of Appeals for the First Circuit

498 F.Supp.3d 277, 2020 WL 430062

Appeal of Magistrate's Decision (Attachments: # 1 Letter)(Simoncelli, Michael) (Entered: 02/24/2017)

1 Letter

View on RECAP

TEXT ORDER: Richard Paiva is hereby ordered to resubmit the proposed "Motion for Further Relief" that the Court returned to him on January 26, 2017. This document shall be resubmitted to the Clerk of Court on or before March 17, 2017- So Ordered by District Judge John J. McConnell, Jr. on 2/24/2017. (Barletta, Barbara)

DOCKET NOTE: Proposed "Motion for Further Relief" submitted by Richard Paiva in accordance with the Court's 2/24/17 Text Order. (Simoncelli, Michael) (Entered: 03/03/2017)

Letter to plaintiff from Judge McConnell regarding 1 Appeal of Magistrate decision (Barletta, Barbara) (Entered: 03/10/2017)

MOTION to Alter Judgment Or in the Alternative, For Reconsideration filed by Richard Lee Paiva. Responses due by 4/4/2017. (McGuire, Vickie) (Entered: 03/21/2017)

Letter from Richard Paiva. (McGuire, Vickie) (Entered: 03/27/2017)

NOTICE OF APPEAL by Richard Lee Paiva 3 NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 4/18/2017. (McGuire, Vickie) (Entered: 04/12/2017)

CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). 6 Notice of Appeal. Documents Sent: 6,3. (Attachments: # 1 Record on Appeal)(McGuire, Vickie) (Entered: 04/13/2017)

USCA Case Number 17-1375 for 6 Notice of Appeal, filed by Richard Lee Paiva. (McGuire, Vickie) Modified on 5/3/2017 (McGuire, Vickie).

TEXT ORDER: Mr. Paiva's 4 Motion to Alter Judgment or for Reconsideration is DENIED. The Magistrate Judge in his letter of January 26, 2017 (ECF No. 1-1) correctly instructed Mr. Paiva that if he believed that his rights have been violated by changes in the "Morris Rules" that the "proper way" to bring his issue before the Court would be to initiate a separate law suit, and not to file a "Motion for Further Relief" in a case that has been closed in this Court for 21 years (77-cv-486). - So Ordered by District Judge John J. McConnell, Jr. on 4/20/2017. (Barletta, Barbara)

Letter from Richard Paiva; Sent current docket sheet. (McGuire, Vickie) (Entered: 04/24/2017)

Supplemental Record on Appeal transmitted to U.S. Court of Appeals for the First Circuit. 6 Notice of Appeal; Unrestricted Documents Sent: Text Order dated 4/20/17, 8 and 9. (Barletta, Barbara) (Entered: 05/01/2017)

NOTICE OF APPEAL by Richard Lee Paiva as to Order on Motion to Alter Judgment,, NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 5/10/2017. (Attachments: # 1 Envelope)(McGuire, Vickie) (Entered: 05/03/2017)

MOTION for Leave to Appeal in forma pauperis COA 17-1375 filed by Richard Lee Paiva. (Attachments: # 1 Account Statement, # 2 Envelope)(McGuire, Vickie) (Entered: 05/03/2017)

Supplemental Record on Appeal transmitted to U.S. Court of Appeals for the First Circuit. 6 Notice of Appeal. Unrestricted Documents Sent: 11. (Attachments: # 1 Supplemental ROA)(McGuire, Vickie) (Entered: 05/03/2017)

CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). 10 Notice of Appeal. Documents Sent: 10,4. (Attachments: # 1 ROA)(McGuire, Vickie) (Entered: 05/03/2017)

TEXT ORDER granting 11 Motion for Leave to Appeal in forma pauperis- So Ordered by District Judge John J. McConnell, Jr. on 5/8/2017. (Barletta, Barbara)

Supplemental Record on Appeal transmitted to U.S. Court of Appeals for the First Circuit. 6 Notice of Appeal; Unrestricted Documents Sent: 11, Text Order and 14. (Barletta, Barbara) (Entered: 05/08/2017)

NOTICE OF APPEAL by Richard Lee Paiva as to Order on Motion to Alter Judgment, NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 5/22/2017. (McGuire, Vickie) (Entered: 05/16/2017)

Letter from Richard Paiva. (Simoncelli, Michael) (Entered: 05/16/2017)

CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). 15 Notice of Appeal. Documents Sent: 15. (Attachments: # 1 ROA)(McGuire, Vickie) (Entered: 05/16/2017)

USCA Case Number 17-1511 for 10 Notice of Appeal. (Jackson, Kerrie)

DOCKET NOTE: Regarding: 15 Notice of Appeal: Per Court of Appeals email of 5/16/2017, the court is not going to open this second Revised Notice of Appeal as a new case. (McGuire, Vickie)

Letter from Clerk's Office to Richard Paiva (Attachments: # 1 Requested Document) (Simoncelli, Michael) (Entered: 05/18/2017)

ORDER of the U.S. Court of Appeals for the First Circuit entered as to 10 Notice of Appeal,, filed by Richard Lee Paiva. (McGuire, Vickie) (Entered: 07/31/2017)

JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to 6 Notice of Appeal. Upon consideration of petitioner=s unopposed motion, it is hereby ordered that this case be voluntarily dismissed. (Jackson, Kerrie) (Entered: 10/11/2017)

MANDATE of the U.S. Court of Appeals for the First Circuit issued as to and in accordance with 6 Notice of Appeal. In accordance with the judgment of October 6, 2017, and pursuant to Federal Rule of Appellate Procedure 41(a), this constitutes the formal mandate of this Court. (Jackson, Kerrie) (Entered: 10/11/2017)

JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to 10 Notice of Appeal filed by Richard Lee Paiva vacating the denial of appellant's motion for further relief and remanding for further proceedings. On remand, the district court shall order RIDOC to file a response to appellant's motion. (Simoncelli, Michael) (Entered: 12/26/2018)

Public Docket Note

Order

TEXT ORDER: The R.I. Department of Corrections shall respond to Mr. Paiva's 2 and 4 Motion for Further Relief on or before January 28, 2019 - So Ordered by District Judge John J. McConnell, Jr. on 12/27/2018 (Barletta, Barbara)

DOCKET NOTE: Mailed 12/27/18 Text Order and Plaintiff's Motions to Department of Corrections, Office of Legal Counsel, 40 Howard Avenue, Cranston, RI 02920 (Barletta, Barbara)

MOTION to Amend/Correct 2 Public Docket Note, 4 MOTION to Alter Judgment Or in the Alternative, For Reconsideration filed by Richard Lee Paiva. Responses due by 1/22/2019. (McGuire, Vickie) (Entered: 01/07/2019)

MANDATE of the U.S. Court of Appeals for the First Circuit issued as to and in accordance with 22 Judgment of the U.S. Court of Appeals for the First Circuit. (Potter, Carrie) (Entered: 01/15/2019)

TEXT ORDER granting 23 Motion to Supplement 4 Motion- So Ordered by District Judge John J. McConnell, Jr. on 1/17/2019. (Barletta, Barbara)

Amended MOTION Further Relief;Motion for Contempt re: 2 Public Docket Note, 4 MOTION to Alter Judgment Or in the Alternative, For Reconsideration filed by Richard Lee Paiva. Responses due by 2/8/2019. (Attachments: # 1 Supporting Memorandum, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Letter, # 8 Envelope)(Simoncelli, Michael) (Entered: 01/25/2019)

1 Supporting Memorandum

View on PACER

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Letter

View on PACER

8 Envelope

View on PACER

MOTION for Order to Show Cause filed by Richard Lee Paiva. Responses due by 2/8/2019. (Attachments: # 1 Proposed Order, # 2 Letter, # 3 Envelope)(Simoncelli, Michael) (Entered: 01/25/2019)

1 Proposed Order

View on PACER

2 Letter

View on PACER

3 Envelope

View on PACER

RESPONSE In Opposition to 4 MOTION to Alter Judgment Or in the Alternative, For Reconsideration filed by Rhode Island Department of Corrections. Replies due by 2/4/2019. (Attachments: # 1 Exhibit Heon v. Vose)(Grant, Michael) (Entered: 01/28/2019)

1 Exhibit Heon v. Vose

View on PACER

REPLY to Response re 27 Response to Motion, filed by Richard Lee Paiva. (McGuire, Vickie) (Entered: 02/08/2019)

ORDER TO SHOW CAUSE entered. Show Cause Hearing set for Tuesday, 3/12/2019 at 10:00 AM before District Judge John J. McConnell, Jr.; Court to initiate call - So Ordered by District Judge John J. McConnell, Jr. on 2/20/2019. (Barletta, Barbara) (Entered: 02/20/2019)

REVISED NOTICE of Hearing: Show Cause Hearing is RESCHEDULED to Thursday, 3/14/2019 at 10:00 AM before District Judge John J. McConnell, Jr.; Court to initiate call.(Barletta, Barbara)

Letter from Richard Paiva: Mailed current docket sheet & ECF#29. (McGuire, Vickie) (Entered: 02/21/2019)

REVISED NOTICE of Hearing:TELEPHONIC Show Cause Hearing is RESCHEDULED to Tuesday, 3/26/2019 at 02:00 PM before District Judge John J. McConnell, Jr.; Court to initiate the call (Barletta, Barbara)

SUPPLEMENTAL MEMORANDUM by Richard Lee Paiva in support of 25 Amended MOTION Further Relief;Motion for Contempt re: 2 Public Docket Note, 4 MOTION to Alter Judgment Or in the Alternative, For Reconsideration. (McGuire, Vickie) (Entered: 02/28/2019)

RESPONSE In Opposition to 25 Amended MOTION Further Relief;Motion for Contempt re: 2 Public Docket Note, 4 MOTION to Alter Judgment Or in the Alternative, For Reconsideration filed by All Defendants. Replies due by 3/8/2019. (Grant, Michael) (Entered: 03/01/2019)

MOTION for Leave to File Document filed by All Defendants. Responses due by 3/15/2019. (Grant, Michael) (Entered: 03/01/2019)

Order on Motion for Leave to File

TEXT ORDER granting 33 Motion for Leave to File supplemental memorandum- So Ordered by District Judge John J. McConnell, Jr. on 3/5/2019. (Barletta, Barbara)

REPLY to Response re 32 Response to Motion, filed by Richard Lee Paiva. (Attachments: # 1 Letter & Envelope)(McGuire, Vickie) (Entered: 03/12/2019)

SUPPLEMENTAL MEMORANDUM by All Defendants in support of Order to show cause. (Attachments: # 1 Exhibit)(Grant, Michael) (Entered: 03/13/2019)

Notice of Hearing (Form Attached)

REVISED NOTICE of Hearing: Show Cause Hearing set for Tuesday, 3/26/2019 at 02:00 PM in Courtroom 1 before District Judge John J. McConnell, Jr.; PLEASE NOTE THAT THIS IS NO LONGER A TELEPHONIC HEARING (Barletta, Barbara)

Writ of Habeas Corpus ad Testificandum Issued as to Richard Lee Paiva for March 26, 2019. (Barletta, Barbara) (Entered: 03/19/2019)

RESPONSE IN OPPOSITION by Richard Lee Paiva re 35 Supplemental Memorandum in Support. (McGuire, Vickie) (Entered: 03/22/2019)

Show Cause Hearing

Minute Entry for proceedings held before District Judge John J. McConnell, Jr.: Show Cause Hearing held on 3/26/2019. Richard Paiva Pro Se Plaintiff. Michael Grant for Defendant. Pro Se Defendant present. Court questions Defendant & Plaintiff. Court to continue hearing for a few weeks. Plaintiff remanded. Court adjourned. (Court Reporter Karen Wischnowsky in Courtroom 1 at 2:05 pm.) (McGuire, Vickie)

TRANSCRIPT ORDER for proceedings held on 3/26/2019 before Judge McConnell. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Grant, Michael) (Entered: 03/27/2019)

Notice of Hearing (Form Attached)

NOTICE of Hearing: Continuation of Hearing on ECF Nos. 4 MOTION to Alter Judgment Or in the Alternative, For Reconsideration, 25 Amended MOTION Further Relief; Motion for Contempt, and 26 MOTION for Order to Show Cause, set for Tuesday, 4/30/2019 at 10:00 AM in Courtroom 1 before District Judge John J. McConnell, Jr. (Urizandi, Nisshy)

Writ of Habeas Corpus ad Testificandum Issued as to Richard Lee Paiva for Tuesday, April 30, 2019. (Urizandi, Nisshy) (Entered: 03/28/2019)

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 38 Transcript Order. Court Reporter/Transcriber: Karen Wischnowsky. (Simoncelli, Michael) (Entered: 03/28/2019)

SUPPLEMENTAL MEMORANDUM by Richard Lee Paiva in support of 25 Amended MOTION Further Relief;Motion for Contempt re: 2 Public Docket Note, 4 MOTION to Alter Judgment Or in the Alternative, For Reconsideration. (McGuire, Vickie) (Entered: 04/02/2019)

Letter from Richard Paiva. (McGuire, Vickie) (Entered: 04/05/2019)

AMENDED Writ of Habeas Corpus ad Testificandum Issued as to Richard Lee Paiva for 4/30/2019. (Urizandi, Nisshy) (Main Document 43 replaced on 4/9/2019) (Urizandi, Nisshy). (Entered: 04/05/2019)

TRANSCRIPT of Show Cause Hearing held on March 26, 2019, before Judge John J. McConnell, Jr. Court Reporter Karen Wischnowsky, Telephone number (401) 752-7045. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 5/3/2019. Redacted Transcript Deadline set for 5/13/2019. Release of Transcript Restriction set for 7/11/2019. (Wischnowsky, Karen) (Entered: 04/12/2019)

MOTION to Continue filed by All Defendants. Responses due by 5/1/2019. (Grant, Michael) (Entered: 04/17/2019)

NOTICE of Appearance by Justin J. Sullivan on behalf of Rhode Island Department of Corrections (Sullivan, Justin) (Entered: 04/17/2019)

NOTICE of Appearance by Michael W. Field on behalf of Rhode Island Department of Corrections (Field, Michael) (Entered: 04/17/2019)

Notice of Hearing (Form Attached)

Order on Motion to Continue

TEXT ORDER granting 45 Motion to Continue hearing- So Ordered by District Judge John J. McConnell, Jr. on 4/18/2019. (Barletta, Barbara)

REVISED NOTICE of Hearing: Show Cause Hearing is RESCHEDULED to Wednesday, 5/15/2019 at 02:00 PM in Courtroom 1 before District Judge John J. McConnell, Jr.(Barletta, Barbara)

Writ of Habeas Corpus ad Testificandum Issued as to Richard Lee Paiva for 5/15/19. (Barletta, Barbara) (Entered: 04/18/2019)

RESPONSE In Opposition to 45 MOTION to Continue filed by Richard Lee Paiva. Replies due by 4/29/2019. (McGuire, Vickie) (Entered: 04/22/2019)

MOTION to Appoint Counsel filed by Richard Lee Paiva. Responses due by 5/6/2019. (McGuire, Vickie) (Entered: 04/22/2019)

RESPONSE In Opposition to 50 MOTION to Appoint Counsel filed by Rhode Island Department of Corrections. Replies due by 5/13/2019. (Sullivan, Justin) (Entered: 05/06/2019)

MEMORANDUM IN SUPPORT by Rhode Island Department of Corrections in support of 51 Response to Motion (Barletta, Barbara) (Entered: 05/06/2019)

RESPONSE TO ORDER TO SHOW CAUSE by Rhode Island Department of Corrections. (Attachments: # 1 Exhibit Transcript)(Grant, Michael) (Entered: 05/08/2019)

1 Exhibit Transcript

View on PACER

RESPONSE IN OPPOSITION by Richard Lee Paiva re 53 Response to Order to Show Cause. (McGuire, Vickie) (Entered: 05/13/2019)

Order on Motion to Appoint Counsel

Motion Hearing

Minute Entry for proceedings held before District Judge John J. McConnell, Jr.: Motion Hearing held on 5/15/2019 re 50 MOTION to Appoint Counsel filed by Richard Lee Paiva, 26 MOTION for Order to Show Cause filed by Richard Lee Paiva. Richard Paiva Pro Se Plaintiff. Michael Grant, Justin Sullivan & Michael Field for Defendant. Pro Se Plaintiff & Defendant present arguments to the Court. Plaintiff presents Oral Motion for Costs. For reasons stated in today's hearing, the Court denied ECF #50. Court to take under advisement. Clerk to docket Plaintiff's Reply. Plaintiff remanded. Court adjourned. (Court Reporter Karen Wischnowsky in Courtroom 1 at 2:00 pm.) (McGuire, Vickie)

REPLY to Response re 32 Response to Motion, filed by Richard Lee Paiva. (Attachments: # 1 Exhibit)(McGuire, Vickie) (Entered: 05/15/2019)

Oral MOTION For Costs filed by Richard Lee Paiva. Responses due by 5/29/2019. (McGuire, Vickie) (Entered: 05/15/2019)

ORAL ORDER: For reasons stated in today's hearing, the Court denied 50 Motion to Appoint Counsel. - So Ordered by District Judge John J. McConnell, Jr. on 5/15/2019. (McGuire, Vickie)

Letter from Richard Paiva requesting docket sheet. Docket sheet forwarded. (Attachments: # 1 Envelope) (Barbour, Travis) (Entered: 08/14/2019)

Letter from Richard Paiva requesting docket sheet. Docket sheet forwarded. (Hicks, Alyson) (Entered: 11/04/2019)

NOTICE of Appearance by Lynette J. Labinger on behalf of Richard Lee Paiva (Labinger, Lynette) (Entered: 11/22/2019)

MOTION to Intervene as successor class representative, MOTION to Substitute Attorney Labinger and Deyoe as successor Class Counsel filed by Richard Lee Paiva. Responses due by 12/6/2019. (Labinger, Lynette) (Entered: 11/22/2019)

NOTICE of Appearance by Sonja L. Deyoe on behalf of All Plaintiffs (Deyoe, Sonja) (Entered: 11/23/2019)

TRANSCRIPT ORDER for proceedings held on 05/15/2019 before Judge J. McConnell. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Deyoe, Sonja) (Entered: 11/25/2019)

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 62 Transcript Order. Court Reporter/Transcriber: Karen Wischnowsky. (Dias, Jennifer) (Entered: 11/26/2019)

MOTION for an Extension of Time to File Response/Reply as to 60 MOTION to Intervene as successor class representative MOTION to Substitute Attorney Labinger and Deyoe as successor Class Counsel filed by All Defendants. Responses due by 12/18/2019. (Grant, Michael) (Entered: 12/04/2019)

Order on Motion for Extension of Time to File Response/Reply

TEXT ORDER granting 64 Motion for Extension of Time to File Response to 60 MOTION to Intervene as successor class representative MOTION to Substitute Attorney Labinger and Deyoe as successor Class Counsel - Response due by 12/13/2019. So Ordered by Chief Judge John J. McConnell, Jr. on 12/5/2019. (Barletta, Barbara)

Order on Motion to Substitute Attorney

Order on Motion to Intervene

Order on Motion for Miscellaneous Relief

TEXT ORDER denying 56 Oral MOTION For Costs . This Motion was denied in open Court on 5/15/19 - So Ordered by Chief Judge John J. McConnell, Jr. on 12/18/2019. (Barletta, Barbara)

TEXT ORDER granting as unopposed 60 Motion to Intervene; granting as unopposed 60 Motion to Substitute Attorney - So Ordered by Chief Judge John J. McConnell, Jr. on 12/18/2019. (Barletta, Barbara)