Hanson v. Rockingham County Department of Corrections, Superintendent

Filing 24

ORDER granting in part 22 Motion to Extend Time to Object/Respond re 19 Report and Recommendations/Order Directing Service,. So Ordered by Magistrate Judge Landya B. McCafferty. Follow up on Objection on 2/13/2012.(mm)

Download PDF
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Michael Hanson v. Civil No. 11-cv-534-PB Stephen Church, Superintendent, Rockingham County Department of Corrections, et al. O R D E R Before the court is Michael Hanson’s “Motion to Extend Filing Deadline and Request for Injunctive Relief” (doc. no. 22). The motion seeks the following relief: (1) a preliminary injunction; (2) an extension of time to file an objection to the court’s previously issued report and recommendation (doc. no. 19); and (3) a courtesy copy of the amended complaint in this matter (doc. no. 8). The motion has been referred to this magistrate judge for a report and recommendation as to the disposition of the request for preliminary injunctive relief, and for a ruling on the nondispositive requests in the motion. See Order (doc. no. 23). The motion is granted in part, as to the nondispositive issues. The deadline for filing an objection to the report and recommendation is extended for fourteen days from the date of this order. The court will provide a one-time courtesy copy of the amended complaint (doc. no. 8). Future requests for copies of documents will be subject to the court’s normal fee of fifty cents per page. Hanson has previously requested preliminary injunctive relief (doc. nos. 1, 4, 8, 15 and 16). As discussed in the court’s January 12, 2012, order (doc. no. 18) and report and recommendation (doc. no. 19), the court deferred consideration of those requests pending receipt of an amended request for preliminary injunctive relief demonstrating that Hanson can satisfy the elements of such a request. The court also granted Hanson leave to file an amended complaint by February 11, 2012. The court has received neither an amended request for preliminary injunctive relief that demonstrates that Hanson can satisfy the standard for a preliminary injunction, nor an amended complaint stating a plausible claim for relief as to any claim asserting an ongoing violation of his rights. Accordingly, the court defers ruling on the instant motion for preliminary injunction (doc. no. 22) until Hanson files an amended complaint and request for injunctive relief as directed in the January 12, 2012, order (doc. no. 18). 2 Conclusion The motion (doc. no. 22) is granted in part, to the extent that Hanson shall have 14 days from the date of this Order to file an objection to the report and recommendation (doc. no. 19), and the clerk is directed to provide Hanson with a courtesy copy of the amended complaint (doc. no. 8). To the extent that the motion (doc. no. 22) requests preliminary injunctive relief, the motion is taken under advisement, pending Hanson’s filing an amended complaint and an amended request for preliminary injunctive relief, as directed in the Order dated January 12, 2012 (doc. no. 18). SO ORDERED. __________________________ Landya McCafferty United States Magistrate Judge January 31, 2012 cc: Michael Hanson LBM:jba 3