Legal Opinion
Martello v. United States
District Court, D. Massachusetts
Decided September 25, 2015No. Civil Action No. 13-13089-DPWPublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
DOUGLAS P. WOODLOCK, UNITED STATES DISTRICT JUDGE
A former prisoner filed this lawsuit against the Federal Bureau of Prisons, a federal employee and other unknown defendants pursuant to the Federal Tort Claims Act. I granted the motion to substitute the United States for the named defendants as the proper party. The United States has now moved to dismiss the case for inadequate service of process pursuant to Fed. R. Civ. P. 12(b)(5).
I. BACKGROUND
Plaintiff Nicholas Martello, who had earlier been convicted of federal drug charges, was returned to the custody of *341the Federal…
2Cases cited16 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Henderson v. United StatesSupreme Court of the United States · 1996
- In Re: Michael W. Sheehan Wilhelmina Sheehan, Debtors. Yoji Oyama v. Michael W. Sheehan Wilhelmina SheehanCourt of Appeals for the Ninth Circuit · 2001
- Margaret Lowry, Appellant/cross-Appellee v. McDonnell Douglas Corporation, Appellee/cross-AppellantCourt of Appeals for the Eighth Circuit · 2000
- Air Line Pilots Association v. Precision Valley Aviation, Inc.Court of Appeals for the First Circuit · 1994
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3Cited by7 opinions
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- Martello v. United StatesDistrict Court, D. Massachusetts · 2016
- Morrissey v. Massachusetts Department of CorrectionDistrict Court, D. Massachusetts · 2022
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