Duarte v. Norfolk County Sheriff Office et al

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: Case 1:24-cv-13115-NMG Document16- Filed 03/05/26 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

ERIC J. DUARTE,

Plaintiff,
Civil Action No.
Vv. 24-13115-NMG
NORFOLK COUNTY SHERIFF’S OFFICE,
et al.,

— eee ee

Defendants.
ORDER
GORTON, J.

Eric J. Duarte initiated this action by filing a complaint
while confined to the Bridgewater States Hospital (“BSH”). Doc.
No. 1. The complaint alleges that while confined at the Norfolk
County Correctional Center (“NCCC”), Duarte was subjected to
various forms of unconstitutional treatment. Id. In addition,
he contends that he was subjected to wrongful criminal
prosecution based on the alleged unconstitutional conduct by
certain members of the Quincy Police Department. Id. With his
complaint, he filed a motion for leave to proceed in forma
pauperis (“IFP”). Doc. No. 2.

On July 14, 2025, Duarte’s IFP was denied without
prejudice. Doc. No. 7. The Court found that while he was
incarcerated, Duarte had filed at least six civil actions that
were dismissed as frivolous or malicious or for failure to state

a claim upon which relief could be granted. Id. The Court

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case 1:24-cv-13115-NMG Document16~ Filed 03/05/26 Page 2 of 2

informed Duarte that he cannot proceed without prepayment of the
filing fee unless he shows that the alleged misconduct set forth
in the complaint presently places him “under imminent danger of
serious physical injury.” Id. He was advised that to proceed,
he either must (1) pay the $405.00 filing fee; or (2) show cause
why the “three strikes” rule of 28 U.S.C. § 1915(g) does not bar
him from proceeding without prepayment of the filing fee. Id.

In response, Duarte filed a motion for joinder of claims
and affidavit. Doc. Nos. 9, 10. He subsequently filed a
declaration, a notice, a response and two additional affidavits.
Doc. Nos. 11 - 15.

Duarte has not paid the filing fee and, because his
allegations concern his past treatment while at the NCCC, he has
not demonstrated that he is in imminent danger of serious
physical injury.

In light of the foregoing, the Court denies the motion for
joinder and dismisses this action without prejudice. The clerk

shall enter a separate order of dismissal.

Voth Gyre,

Nathaniel M. Gorton
United States District Judge

So ordered.

Dated: March 5 _, 2026