Kerr v. City of Attleboro et al

OCR transcription for search; preserved printed pages are authoritative

. Case 1:25-cv-12926-NMG Document1i1_ Filed 03/12/26 Page 1 of 3

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

ANDREW JOHN KERR,
Plaintiff,
Civil Action No.
Vv. 25-12926-NMG
CITY OF ATTLEBORO, et al.,
Defendants.

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GORTON, J.
Pro se plaintiff Andrew Kerr has filed a civil complaint

(Docket # 1), motion for leave to proceed in forma pauperis

(Docket # 2), “motion for reasonable accommodation under the ADA
for electronic filing access and remote participation in oral
arguments” (Docket # 4), and motion for “sanctions, adverse
inferences, and an order to show cause for contempt” (Docket

# 7). Upon review of these documents, the Court hereby orders:

1. The motion for leave to proceed in forma pauperis
(Docket # 2) is ALLOWED.

2. The Clerk shall issue a summons for each defendant.

3. Kerr must ensure that a summons, this order, and the
complaint are served on each defendant within 90 days. Service

must be effected in accordance with Rule 4 of the Federal Rules

+ In lieu of serving summonses, Kerr may ask the defendants to waive service
of the summons. See Fed. R. Civ. P. 4(d). Forms to ask a defendant to waive
service of the summons are available at https://www.uscourts.gov/forms-
rules/forms/notice-a-lawsuit-and-request-waive-service-a-summons.

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

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Case 1:25-cv-12926-NMG Document11_- Filed 03/12/26 Page 2 of 3

of Civil Procedure. Failure to timely effect service may result
in dismissal of this action without prior notice from the Court.
See Fed. R. Civ. P. 4(m); L.R. Rule 4.1 (D. Mass.).

4. Because Kerr is proceeding in forma pauperis, he may

elect to have the United States Marshals Service (“USMS”)
complete service with all costs of service to be advanced by the
United States. See 28 U.S.C. § 1915(d). If requested by Kerr,
the USMS shall serve a summons, the complaint, and this order on
each defendant. Kerr is responsible for providing the USMS a
copy of this order for the agency’s records, copies of all
papers for service on each defendant, and a completed USM-285
form for each party to be served. The Clerk shall provide Kerr
instructions for service by the USMS and USM-285 forms.

5. The motion for reasonable accommodation under the ADA
(Docket # 4) is DENIED in part and ALLOWED in part.

Insofar as Kerr seeks relief under Title II of the
Americans with Disabilities Act, the motion is DENIED. Title II
of the ADA, which prohibits discrimination based on disability
by any “public entity” see 28 42 U.S.C. § 12132, does not apply
to the federal courts, see 42 U.S.C. § 12131(1) (defining
“public entity” as “any State or local government, “any
department, agency, special purpose district, or other

instrumentality of a State or States or local government,” and

Case 1:25-cv-12926-NMG Document11_ Filed 03/12/26 Page 3 of 3

“the National Railroad Passenger Corporation, and any commuter
authority”).

However, the motion is ALLOWED insofar as Kerr wishes to
file electronically and will adhere to all rules concerning use
of the Court’s Case Management/Electronic Case Files systems.?

Further, in determining whether the parties may remotely
appear for a live proceeding, the Court will take into
consideration Kerr’s request for remote participation. In
addition, nothing in this order prevents Kerr from filing a
motion for a disability-based accommodation.

6. The motion for sanctions (Docket # 7) is DENIED. As
summonses have not issued, it would be premature for the Court
to address the factual merit of Kerr’s claims. Similarly, there
is no basis to compel discovery or impose sanctions under Rule
37 of the Federal Rules of Civil Procedure because discovery in
this action has not commenced.

So ordered.

Nathaniel M. Gorttén
United States District Judge

Dated: 03/ l 2/20 26

2?Pro se litigants must have an individual PACER account to electronically file
in the District of Massachusetts and must register to E-file. To register for

a PACER account, go the PACER website at https://pacer.uscourts.gov/register-

account.

To register to E-file, follow the instructions on our website at

https: //www.mad.uscourts.gov/caseinfo/nextgen-pro-se.htm. If the
Massachusetts District Court is not in the dropdown list of courts, please
email tracy_mclaughlin@mad.uscourts.gov with the docket number so your
account can be updated allowing you to E-file.

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