Boroian v. U.S. Probation Office
Federal Civil Lawsuit Massachusetts District Court, Case No. 1:05-cv-11373-GAO

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Last Updated January 6, 2019 at 12:00 AM EST (2.9 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

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No Logo Martin Boroian, Plaintiff

Toggle Switch Represented by Office of Defender Services

Name Phone Fax E-Mail
Space Judith H. Mizner +1 617 223 8061 +1 617 223 8080 judith_mizner@fd.org
v.
No Logo Carmen P. Wallace, Defendant

Represented by United States Department of Justice

No Logo U.s. Probation Office, Defendant

Represented by United States Department of Justice

Office Boston
Filed 6/27/2005
Jury Demand None
Demand
Nature of Suit 440 - Civil Rights: Other
Cause Section 28 U.S.C. § 1331 Federal Question
Jurisdiction U.S. Government Defendant
Disposition
County Essex
Terminated
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
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Blank -- Filed: 8/18/2008, Entered: 8/18/2008 Order on Motion for Extension of Time to File Resp
Judge George A. OToole, Jr: Electronic ORDER entered granting [31] Motion for Extension of Time to File Response/Reply re [31] Assented to MOTION for Extension of Time to 9-19-08 to File Response/Reply to Motion to Dismiss Responses due by 9/19/2008 (Lyness, Paul)
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    Legal Document 31 Filed: 8/15/2008, Entered: 8/15/2008, Terminated: 8/18/2008 Motion for Extension of Time to File Response/Repl
    Assented to MOTION for Extension of Time to 9-19-08 to File Response/Reply to Motion to Dismiss by Martin Boroian.(Mizner, Judith)
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      Legal Document 30 Filed: 8/5/2008, Entered: 8/5/2008 Memorandum in Support of Motion
      MEMORANDUM in Support re [29] MOTION to Dismiss for Failure to State a Claim filed by U.S. Probation Office, Carmen P. Wallace. (Grady, Mark)
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        Legal Document 29 Filed: 8/5/2008, Entered: 8/5/2008 Motion to Dismiss
        MOTION to Dismiss for Failure to State a Claim by U.S. Probation Office, Carmen P. Wallace.(Grady, Mark)
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          Blank -- Filed: 8/1/2008, Entered: 8/1/2008 Order on Motion for Extension of Time to Answer
          Judge George A. OToole, Jr: Electronic ORDER entered granting [28] Motion for Extension of Time to Answer re [23] Amended Complaint U.S. Probation Office answer due 8/5/2008.; granting Nunc Pro Tunc [25] Motion for Extension of Time to File (Lyness, Paul)
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            Legal Document 28 Filed: 7/30/2008, Entered: 7/30/2008, Terminated: 8/1/2008 Motion for Extension of Time to File Answer
            Assented to MOTION for Extension of Time to August 5, 2008 to File Answer re [23] Amended Complaint or Otherwise Respond by U.S. Probation Office, Carmen P. Wallace.(Grady, Mark)
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              Blank -- Filed: 6/16/2008, Entered: 6/16/2008 Order on Motion for Extension of Time to Answer
              Judge George A. OToole, Jr: Electronic ORDER entered granting [27] Motion for Extension of Time to Answer re [23] Amended Complaint U.S. Probation Office answer due 7/30/2008; Carmen P. Wallace answer due 7/30/2008. (Edge, Eugenia)
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                Legal Document 27 Filed: 6/9/2008, Entered: 6/9/2008, Terminated: 6/16/2008 Motion for Extension of Time to File Answer
                Assented to MOTION for Extension of Time to July 30, 2008 to File Answer re [23] Amended Complaint or to Otherwise Respond by U.S. Probation Office, Carmen P. Wallace.(Grady, Mark)
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                  Legal Document 26 Filed: 3/24/2008, Entered: 3/24/2008 Memorandum of Law
                  MEMORANDUM OF LAW by Martin Boroian. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit)(Mizner, Judith)
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                    Legal Document 25 Filed: 3/11/2008, Entered: 3/11/2008, Terminated: 8/1/2008 Motion for Extension of Time to File
                    Assented to MOTION for Extension of Time to File Supporting Documentation by Martin Boroian.(Mizner, Judith) Modified on 3/12/2008 (Edge, Eugenia).
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                      Legal Document 24 Filed: 3/11/2008, Entered: 3/11/2008 Memorandum of Law
                      MEMORANDUM OF LAW by Martin Boroian. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit)(Mizner, Judith)
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                        Legal Document 23 Filed: 3/11/2008, Entered: 3/11/2008 Amended Complaint
                        AMENDED COMPLAINT against U.S. Probation Office, Carmen P. Wallace, filed by Martin Boroian.(Mizner, Judith)
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                          Blank -- Filed: 3/11/2008, Entered: 3/11/2008 Order on Motion for Extension of Time to File
                          Judge George A. OToole, Jr: Electronic ORDER entered granting [22] Motion for Extension of Time to File (Lyness, Paul)
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                            Legal Document 22 Filed: 3/10/2008, Entered: 3/10/2008, Terminated: 3/11/2008 Motion for Extension of Time to File
                            Assented to MOTION for Extension of Time to 3-11-08 to File Amended Complaint by Martin Boroian.(Mizner, Judith)
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                              Blank -- Filed: 2/15/2008, Entered: 2/15/2008 Order on Motion for Extension of Time to File
                              Judge George A. OToole, Jr: Electronic ORDER entered granting [21] Motion for Extension of Time to File (Lyness, Paul)
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                                Legal Document 21 Filed: 2/14/2008, Entered: 2/14/2008, Terminated: 2/15/2008 Motion for Extension of Time to File
                                Assented to MOTION for Extension of Time to March 10, 2008 to File Amended Complaint by Martin Boroian.(Mizner, Judith)
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                                  Blank -- Filed: 12/21/2007, Entered: 12/21/2007 Order on Motion for Extension of Time to File
                                  Judge George A. OToole, Jr: Electronic ORDER entered granting [20] Motion for Extension of Time to File (Lyness, Paul)
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                                    Legal Document 20 Filed: 12/19/2007, Entered: 12/19/2007, Terminated: 12/21/2007 Motion for Extension of Time to File
                                    Assented to MOTION for Extension of Time to February 5, 2008 to File Amended Complaint by Martin Boroian.(Mizner, Judith)
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                                      Blank -- Filed: 11/5/2007, Entered: 11/6/2007 Status Conference
                                      Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Status Conference held on 11/5/2007. For Plaintiff: Judith H. Mizner; For Defendant: Mark J. Grady; PLaintiff to file a motion to amend the complaint within 45 days. (Court Reporter Marcia Patrisso.) (Lyness, Paul)
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                                        Legal Document 19 Filed: 10/30/2007, Entered: 10/30/2007 Notice of Appearance/
                                        NOTICE of Appearance by Mark J. Grady on behalf of U.S. Probation Office, Carmen P. Wallace (Grady, Mark)
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                                          Blank -- Filed: 8/7/2007, Entered: 8/7/2007 Order on Motion to Continue
                                          Judge George A. O'Toole Jr.: Electronic ORDER entered granting [18] Motion to Continue Status Conference set for 11/5/2007 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul)
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                                            Legal Document 18 Filed: 8/6/2007, Entered: 8/6/2007, Terminated: 8/7/2007 Motion to Continue
                                            Assented to MOTION to Continue August 6, 2007, Status Conference by U.S. Probation Office, Carmen P. Wallace.(Walcott-Torres, Gina)
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                                              Blank -- Filed: 5/31/2007, Entered: 6/1/2007 Status Conference
                                              Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Status Conference held on 5/31/2007. Counsel awaiting a ruling from the 1st Circuit on an action relevant to the present case.Status Conference set for 8/6/2007 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. (Court Reporter Shelly Killian.) (Lyness, Paul)
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                                                Blank -- Filed: 1/16/2007, Entered: 1/17/2007 Status Conference
                                                ElectronicClerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Status Conference held on 1/16/2007. Court awaiting decision from the Circuit on a similar type case. Status Conference set for 5/31/2007 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. (Court Reporter Shelly Killian.) (Lyness, Paul)
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                                                  Blank -- Filed: 12/26/2006, Entered: 12/26/2006 Add and Terminate Judges
                                                  Judge Judith G. Dein no longer assigned to case. (Quinn, Thomas)
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                                                    Blank -- Filed: 12/22/2006, Entered: 12/22/2006 Set/Reset Hearings
                                                    Reset Hearings: Status Conference set for 1/16/2007 02:30 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul)
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                                                      Legal Document 17 Filed: 12/6/2006, Entered: 12/6/2006 Notice of Appearance/
                                                      NOTICE of Appearance by Judith H. Mizner on behalf of Martin Boroian (Mizner, Judith)
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                                                        Blank -- Filed: 12/1/2006, Entered: 12/1/2006 Notice of Hearing.
                                                        ELECTRONIC NOTICE of Hearing : Status Conference set for 1/16/2007 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul)
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                                                          Legal Document 16 Filed: 9/7/2006, Entered: 9/7/2006 Order Referring Case to Magistrate JudgeCourt Filing
                                                          Judge George A. O'Toole Jr.: ORDER entered. REFERRING CASE to Magistrate Judge Judith G. Dein Referred for: appointment of CJA counsel(Lyness, Paul)
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                                                            Legal Document 15 Filed: 3/10/2006, Entered: 3/13/2006 Statement of Facts
                                                            STATEMENT of facts re [9] MOTION to Dismiss for Lack of Jurisdiction. (Edge, Eugenia)
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                                                              Legal Document 14 Filed: 3/10/2006, Entered: 3/13/2006 Opposition to Motion
                                                              Opposition re [9] MOTION to Dismiss for Lack of Jurisdiction filed by Martin Boroian. (Attachments: # (1) certificate of service)(Edge, Eugenia)
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                                                                Legal Document 13 Filed: 2/22/2006, Entered: 2/24/2006 Mail Returned
                                                                Return receipt received for mail sent to Martin Boroian Delivered on 2/18/06 (Edge, Eugenia) Additional attachment(s) added on 2/24/2006 (Edge, Eugenia).
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                                                                  Blank -- Filed: 2/15/2006, Entered: 2/15/2006 Remark
                                                                  Remark- Plaintiff called the court to say that he did not receive the government's motion to dismiss and their supporting papers. The court will resend the package to plaintiff by return/receipt. The plaintiff will have 35 days from 2/15/06 to file an opposition to the government's motion to dismiss. (Lyness, Paul)
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                                                                    Blank -- Filed: 2/6/2006, Entered: 2/6/2006 Order on Motion for Default Judgment
                                                                    Judge George A. O'Toole Jr.: Electronic ORDER entered denying [8] Motion for Default Judgment. Pursuant to Local Rule 7.1 (b)(2), a party has 14 days from date of service to file opposition to a motion. In the above action, the court will allow the plaintiff 35 days to file an opposition to the Govt's motion to dismiss. ( Enclosed is a copy of the Govt's Motion to Dismiss and Supporting Memorandum ) (Copy of this order and the govt's motion mailed to plaintiff) (Lyness, Paul)
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                                                                      Legal Document 12 Filed: 12/19/2005, Entered: 12/21/2005 Letter/request (non-motion)
                                                                      Letter/request (non-motion) from Martin Boroian. (Attachments: # (1) Attached docs)(Edge, Eugenia)
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                                                                        Legal Document 11 Filed: 11/18/2005, Entered: 11/18/2005 Opposition to Motion
                                                                        Opposition re [8] MOTION for Default Judgment as to all defendants filed by U.S. Probation Office, Carmen P. Wallace. (Walcott-Torres, Gina)
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                                                                          Legal Document 10 Filed: 11/18/2005, Entered: 11/18/2005 Memorandum in Support of Motion
                                                                          MEMORANDUM in Support re [9] MOTION to Dismiss for Lack of Jurisdiction on Grounds of Mootness filed by U.S. Probation Office, Carmen P. Wallace. (Attachments: # (1))(Walcott-Torres, Gina)
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                                                                            Legal Document 9 Filed: 11/18/2005, Entered: 11/18/2005 Motion to Dismiss
                                                                            MOTION to Dismiss for Lack of Jurisdiction by U.S. Probation Office, Carmen P. Wallace.(Walcott-Torres, Gina)
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                                                                              Legal Document 8 Filed: 11/8/2005, Entered: 11/10/2005 Motion for Default Judgment
                                                                              MOTION for Default as to all defendants by Martin Boroian. c/s (Attachments: # (1) cover letter)(Edge, Eugenia)
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                                                                                Legal Document 7 Filed: 10/14/2005, Entered: 10/17/2005 USM Process Receipt and Return
                                                                                US Marshal Process Receipt and Return for Summons in a civil case. U.S. Probation Office served Delivered on October 6, 2005 (Edge, Eugenia)
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                                                                                  Legal Document 6 Filed: 10/14/2005, Entered: 10/17/2005 USM Process Receipt and Return
                                                                                  US Marshal Process Receipt and Return for Summons in a civil case. Carmen P. Wallace served Delivered on October 6, 2005 (Edge, Eugenia)
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                                                                                    Blank -- Filed: 7/6/2005, Entered: 7/6/2005 Summons Issued
                                                                                    Summons Issued as to U.S. Probation Office, Carmen P. Wallace. (Greenberg, Rebecca)
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                                                                                      Legal Document 5 Filed: 7/5/2005, Entered: 7/6/2005 Order on Motion to Appoint CounselCourt Filing
                                                                                      Judge George A. O'Toole Jr.: MEMORANDUM AND ORDER entered: (1) Plaintiff's Application to Proceed in forma pauperis (#3) is allowed; (2) Plaintiff's Motion for Appointment of Counsel (#2) is denied without prejudice; and (3) Summonses shall issue and the U.S. Marshal shall bear all costs of service (Greenberg, Rebecca)
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                                                                                        Legal Document 4 Filed: 7/5/2005, Entered: 7/6/2005 Order on Motion for Leave to Proceed in forma paupCourt Filing
                                                                                        Judge George A. O'Toole Jr.: ORDER entered granting [3] Motion for Leave to Proceed in forma pauperis: The Clerk shall issue summonses and the United States Marshal shall serve a copy of the summons, complaint, and this order upon defendant(s) as directed by plaintiff with all costs of service to be advanced by the United States. (Greenberg, Rebecca)
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                                                                                          Legal Document 3 Filed: 6/27/2005, Entered: 6/29/2005 MOTION for Leave to Proceed Informa Pauperis
                                                                                          MOTION for Leave to Proceed in forma pauperis by Martin Boroian.(Paine, Matthew)
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                                                                                            Legal Document 2 Filed: 6/27/2005, Entered: 6/29/2005 Motion to Appoint Counsel
                                                                                            MOTION to Appoint Counsel by Martin Boroian.(Paine, Matthew)
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                                                                                              Legal Document 1 Filed: 6/27/2005, Entered: 6/29/2005 Complaint
                                                                                              COMPLAINT against all defendants, filed by Martin Boroian.(Gawlik, Cathy)
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