Fournier v. NH Department of Corrections, Commissioner

Filing 27

ORDER : Warden to respond to Motion to Extend on or before 7/8/09. Set Deadlines as to 26 MOTION to Extend Time to Object/Respond to 17 MOTION for Summary Judgment to until he is released from custody. ( Follow up on Objection on 7/8/2009.) Signed by Judge Joseph A. DiClerico, Jr. (dae)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Christopher G. Fournier v. Warden, Northern New Hampshire Correctional Facility PROCEDURAL ORDER Christopher G. Fournier, proceeding pro se, seeks relief, pursuant to 28 U.S.C. § 2254, from his state court conviction on a charge of second degree assault and from his sentence. Warden moved for summary judgment. Fournier moved for a The Civil No. 08-cv-338-JD

"continuance in the case at bar until he is released from custody and can then have adequate access to the law." The Warden failed

to respond to Fournier's motion for a continuance. According to the docket, Fournier is living at Calumet House in Manchester, New Hampshire. Fournier asserts in his motion

that he has access to the Manchester Public Library but that the library lacks resources pertaining to federal habeas corpus procedure and law. He also states that he is scheduled to be

paroled on July 18, 2009, if he meets the requirements for parole. He asks that his case be stayed until he is released

from custody.

Because the Warden did not respond to Fournier's motion, the court lacks information necessary to decide the matter. Therefore, the Warden shall file a response to the motion, on or before July 8, 2009, in which he explains: (1) whether Fournier

has access to adequate legal research materials while he is living at Calumet House, (2) in particular, what resources are available to Fournier through the Manchester Public Library, and (3) whether the Warden objects to having the case stayed until Fournier is released from custody on parole.

SO ORDERED.

____________________________ Joseph A. DiClerico, Jr. United States District Judge June 23, 2009 cc: Christopher G. Fournier Stephen D. Fuller, Sr., Esquire Elizabeth C. Woodcock, Esquire

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