This case was last updated from U.S. District Courts on 07/04/2020 at 08:31:15 (UTC).

Abarientos v. Spaulding et al

Case Summary

On 05/05/2020 Abarientos filed a Prisoner - Prison Condition lawsuit against Spaulding. This case was filed in U.S. District Courts, Massachusetts District. The Judge overseeing this case is Indira Talwani. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:20-CV-10855

  • Filing Date:

    05/05/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Prison Condition

  • Courthouse:

    Massachusetts District

Judge Details

Presiding Judge

Indira Talwani

 

Party Details

Plaintiff and Petitioner

Crispin Abarientos

Defendants and Respondents

Stephen Spaulding

Michael Carvajal

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

John J.E. Markham, II

Attorney at Markham & Read

One Commercial Wharf West

Boston, MA 02110

Respondent Attorneys

Eve A. Piemonte

Attorney at U.S. Attorney's Office

1 Courthouse Way, Suite 9200

Boston, MA 02210

Rayford A. Farquhar

Attorney at United States Attorney's Office

1 Courthouse Way, Suite 9200

Boston, MA 02210

 

Court Documents

22 #2

Declaration of Antonieta Abarientos

22 #1

Declaration of Petitioner Crispin Abarientos

#22

(#22) RESPONSE TO COURT ORDER by Crispin Abarientos Supplemental Brief and Declarations Pursuant to Court's 6/10/20 Order. (Attachments: #1 Declaration of Petitioner Crispin Abarientos, #2 Declaration of Antonieta Abarientos)(Markham, John) (Entered: 06/17/2020)

21 #3

Exhibit

21 #2

Exhibit

21 #1

Exhibit

#21

(#21) RESPONSE TO COURT ORDER by Stephen Spaulding Supplemental Declarations Pursuant to Court's 6/15/20 Order. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Farquhar, Rayford) (Entered: 06/17/2020)

#19

(#19) Judge Indira Talwani: ORDER entered Respondent's Motion to Dismiss #11 is DENIED. See attached. (Kelly, Danielle) (Entered: 06/12/2020)

#11

(#13) Opposition re #11 MOTION to Dismiss EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241 filed by Crispin Abarientos. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Markham, John) (Entered: 05/27/2020)

1 #15

Civil Category Form

1 #14

Civil Cover Sheet

1 #13

Declaration of Antonieta Abarientos

1 #8

Ex H

1 #6

Ex F

1 #5

Ex E

1 #4

Ex D

1 #3

Ex C

#1

(#15) BRIEF by Crispin Abarientos to #11 MOTION to Dismiss EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241, #1 Petition for Writ of Habeas Corpus (2241),, Supplemental Submission (concerning new information and ongoing developments at FMC Devens related to COVID-19). (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Markham, John) (Entered: 06/01/2020)

49 More Documents Available

 

Docket Entries

  • 06/17/2020
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  • Docket(#22) RESPONSE TO COURT ORDER by Crispin Abarientos Supplemental Brief and Declarations Pursuant to Court's 6/10/20 Order. (Attachments: #1 Declaration of Petitioner Crispin Abarientos, #2 Declaration of Antonieta Abarientos)(Markham, John) (Entered: 06/17/2020)

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  • 06/17/2020
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  • Docket(#21) RESPONSE TO COURT ORDER by Stephen Spaulding Supplemental Declarations Pursuant to Court's 6/15/20 Order. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Farquhar, Rayford) (Entered: 06/17/2020)

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  • 06/12/2020
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  • Docket(#19) Judge Indira Talwani: ORDER entered Respondent's Motion to Dismiss #11 is DENIED. See attached. (Kelly, Danielle) (Entered: 06/12/2020)

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  • 06/10/2020
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  • Docket(#20) Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 6/10/2020 re #11 MOTION to Dismiss EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241 filed by Stephen Spaulding. Case called. Court heard argument from counsel. By 6/11/2020, govt. shall provide a report if there is any intermingling of units at FMC Devens; specifically,whether or not any J Unit inmates in the dialysis area would include anyone other than J Unit inmates. By 6/17/2020, both sides to submit supplemental affidavits re how BOP is addressing current conditions at FMC Devens and specifically, whether it's about the petitioner or about J Unit. Affidavit may also include a 5 page or under legal argument. Court anticipates issuing either an electronic or a brief order denying the motion to dismiss on the jurisdictional grounds. Further hearing may be set. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com.)(Attorneys present: Markham, Farquar, Piemonte) (MacDonald, Gail) Modified on 6/17/2020, to correct date (MacDonald, Gail). (Entered: 06/15/2020)

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  • 06/09/2020
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  • Docket(#18) Notice of Supplemental Authorities re #11 MOTION to Dismiss EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241 (Attachments: #1 Exhibit A, #2 Exhibit B)(Farquhar, Rayford) (Entered: 06/09/2020)

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  • 06/08/2020
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  • Docket(#17) ELECTRONIC NOTICE Resetting Hearing on Motion #11 MOTION to Dismiss EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241: PLEASE NOTE CHANGE TO EARLIER TIME ONLY: Motion Hearing set for 6/10/2020 02:15 PM in Courtroom 9 before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #www.public.mad.uscourts.gov/seating-signup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 6/10/2020 02:15 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) (Entered: 06/08/2020)

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  • 06/04/2020
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  • Docket(#16) ELECTRONIC NOTICE Setting Hearing on Motion #11 MOTION to Dismiss EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241 : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #www.public.mad.uscourts.gov/seating-signup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 6/10/2020 02:45 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) (Entered: 06/04/2020)

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  • 06/01/2020
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  • Docket(#15) BRIEF by Crispin Abarientos to #11 MOTION to Dismiss EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241, #1 Petition for Writ of Habeas Corpus (2241),, Supplemental Submission (concerning new information and ongoing developments at FMC Devens related to COVID-19). (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Markham, John) (Entered: 06/01/2020)

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  • 05/28/2020
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  • Docket(#14) Amended Opposition re #11 MOTION to Dismiss EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241 filed by Crispin Abarientos. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Markham, John) (Entered: 05/28/2020)

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  • 05/27/2020
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  • Docket(#13) Opposition re #11 MOTION to Dismiss EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241 filed by Crispin Abarientos. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Markham, John) (Entered: 05/27/2020)

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2 More Docket Entries
  • 05/15/2020
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  • Docket(#10) Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #9 Motion for Extension of Time May 18, 2020 to File Response/Reply. (Kelly, Danielle) (Entered: 05/15/2020)

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  • 05/15/2020
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  • Docket(#9) MOTION for Extension of Time to May 18, 2020 to File Response/Reply by Stephen Spaulding.(Farquhar, Rayford) (Entered: 05/15/2020)

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  • 05/15/2020
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  • Docket(#8) NOTICE of Appearance by Eve A. Piemonte on behalf of Stephen Spaulding (Piemonte, Eve) (Entered: 05/15/2020)

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  • 05/15/2020
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  • Docket(#7) NOTICE of Appearance by Rayford A. Farquhar on behalf of Stephen Spaulding (Farquhar, Rayford) (Entered: 05/15/2020)

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  • 05/11/2020
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  • Docket(#6) Judge Indira Talwani: ELECTRONIC ORDER: Granting in part and denying in part Respondent's request that the court stay the requirement of a response to the Emergency Petition for Writ of Habeas Corpus #1 pending a decision on the motion to consolidate filed in Grinis et al. v. Spaulding et al., 20-cv-10738-GAO. See Notice of Filing of Motion to Consolidate #4 . The court does not anticipate deciding the Emergency Petition for Writ of Habeas Corpus #1 prior to a decision on the motion to consolidate, but will allow briefing on the pending petition to continue. Respondent's time to file a response to the Emergency Petition #1 is extended to May 14, 2020. (Kelly, Danielle) (Entered: 05/11/2020)

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  • 05/09/2020
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  • Docket(#5) Response by Crispin Abarientos to #4 Notice (Other) - Opposition to Government's Request to Stay Requirement to Respond to Petition. (Markham, John) (Entered: 05/09/2020)

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  • 05/08/2020
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  • Docket(#4) NOTICE by Stephen Spaulding NOTICE OF FILING OF MOTION TO CONSOLIDATE (Attachments: #1 Exhibit)(Farquhar, Rayford) (Entered: 05/08/2020)

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  • 05/05/2020
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  • Docket(#3) Judge Indira Talwani: ORDER entered. SERVICE ORDER re 2241 Petition. 1. Warden Stephen Spaulding shall be the sole Respondent. See Rumsfeld v. Padilla, 542 U.S. 426, 439 (2004) (immediate custodian of petitioner is proper respondent in habeas action). Michael Carvajal is dismissed from this action without prejudice.2. The Clerk shall serve the Emergency Petition for Writ of Habeas Corpus Under 28 U.S.C. 2241 Seeking Immediate Release from Devens [#1] on the Respondent and the United States Attorney for the District of Massachusetts. 3. The Respondent shall file a response to the petition within seven (7) days of the entry of this Order. (PSSA, 4) (Entered: 05/05/2020)

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  • 05/05/2020
  • Docket(#2) ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) (Entered: 05/05/2020)

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  • 05/05/2020
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  • Docket(#1) Emergency PETITION for Writ of Habeas Corpus (2241) - SEEKING IMMEDIATE RELEASE FROM FMC DEVENS (Due to Health Conditions and COVID-19) Filing fee: $ 5, receipt number 0101-8227510 Fee status: Filing Fee paid., filed by Crispin Abarientos. (Attachments: #1 Ex A, #2 Ex B, #3 Ex C, #4 Ex D, #5 Ex E, #6 Ex F, #7 Ex G, #8 Ex H, #9 Ex I, #10 Ex J, #11 Ex K, #12 Ex L, #13 Declaration of Antonieta Abarientos, #14 Civil Cover Sheet, #15 Civil Category Form)(Markham, John) (Entered: 05/05/2020)

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