Fournier v. NH Department of Corrections, Commissioner

Filing 19

ORDER granting 18 Motion to Compel as outlined - Warden to submit transcripts on or before 5/4/09 - defendant to respond to Motion for Summary Judgment 30 days from receipt of the transcripts; granting 16 Warden's Motion to Extend Time. So Ordered by Judge Joseph A. DiClerico, Jr. (dae) Modified on 4/22/2009 to add correct docket order text. (dae).

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Christopher G. Fournier v. Warden, Northern New Hampshire Correctional Facility ORDER Christopher Fournier, a state prisoner, seeks habeas corpus relief pursuant to 28 U.S.C. § 2254. After preliminary review, Civil No. 08-cv-338-JD

the court found that Fournier's petition raised three cognizable claims. See document no. 8. The Warden requests an extension of Fournier moves to

time to file a motion for summary judgment.

compel counsel to submit transcripts and to extend time to respond to the Warden's motion for summary judgment. On February 23, 2009, Fournier filed a motion to expand the record, asking that the court require the Warden to provide the transcripts from a "Status of Counsel" hearing held on July 14, 2006, in Merrimack County superior court. Fournier's motion on March 16, 2009. The court granted

By motion dated April 14,

2009, Fournier notes that the transcripts have not been submitted and requests that the court compel the Warden to provide the transcripts.

On April 7, 2009, the Warden filed a motion to extend time to file a summary judgment motion to April 10, 2009. did not object to the Warden's motion. summary judgment motion on April 10. Fournier

The Warden filed a Citing his need for the

July 14, 2006, transcripts, Fournier requests additional time to respond to the Warden's motion for summary judgment. The court has already granted Fournier's request to expand the record, requiring the Warden to provide the transcripts from the July 14, 2006, status of counsel hearing. The court orders

that the Warden submit these transcripts on or before May 4, 2009. Fournier will have thirty days from the receipt of the

transcripts to respond to the Warden's summary judgment motion.

Conclusion For the foregoing reasons, Fournier's motion (document no. 18) is granted, to the extent that the Warden is ordered to submit the requested transcripts and Fournier will have thirty days to respond to the summary judgment motion, as outlined

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above. granted.

The Warden's motion to extend time (document no. 16) is

SO ORDERED.

____________________________ Joseph A. DiClerico, Jr. United States District Judge April 21, cc: 2009

Christopher G. Fournier #68441, pro se Stephen D. Fuller, Esquire Elizabeth C. Woodcock, Esquire

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