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Diaz v. Drew

United States District Court, D. Massachusetts

March 30, 2018

LUIS DIAZ, Plaintiff,
v.
JEREMY DREW, et al., Defendants.

          MEMORANDUM & ORDER

          NATHANIEL M. GORTON UNITED STATES DISTRICT JUDGE

         This case arises from the alleged mistreatment of pro se plaintiff Luis Diaz (“Diaz” or “plaintiff”), who is currently incarcerated at the Souza Baranowski Correctional Center in Shirley, Massachusetts (“SBCC”). Diaz was transferred from the Department Disciplinary Unit (“DDU”) at the Massachusetts Correctional Institution at Cedar Junction in Walpole, Massachusetts (“MCI-Cedar Junction”) after completing a 27-month disciplinary sanction at that facility.

         In his complaint, Diaz alleges that defendants, who are various employees of the Massachusetts Department of Correction (“the DOC”), inter alia, beat him, withheld food and toiletries, retaliated against him, wrongly placed him in the Departmental Disciplinary Unit, withheld supplies needed for his legal case and prevented him from getting mental health treatment, all in violation of 42 U.S.C. §§ 1981, 1983 and 1985.

         The following motions are pending before the Court:

1) Plaintiff's motion for injunctive relief to preserve video footage (Docket No. 64),
2) Plaintiff's motion for reconsideration of the Court's May, 2017 memorandum and order (Docket No. 72),
3) Plaintiff's motion for Fed.R.Civ.P. 60(b) relief (Docket No. 75),
4) Plaintiff's motion to check the facts and evidence of defendant's associates in the SBCC (Docket No. 84),
5) Plaintiff's motion to focus the Court's attention to the plaintiff's specific motions concerning the record, pens and paper (Docket No. 85),
6) Defendants' motion to dismiss for failure to comply with court order (Docket No. 88) and
7) Plaintiff's motion for an extension of time to file a response to defendants' motion to dismiss (Docket No. 90).

         For the reasons that follow, the Court will deny the plaintiff's six pending motions and allow defendants' motion to dismiss.

         I. Background

         Diaz is incarcerated and awaiting trial on state charges at SBCC. The defendants who have been served are employees of the DOC: the Director of the Departmental Disciplinary Unit (the “DDU”) Elena Clodius, Captain William Harold a/k/a Harrold Wilkes, Sergeant Michael Kasprzak and Correction Officers Jeremy Drew, ...


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