O'Neil v. O'Mara

Filing 14

REPORT AND RECOMMENDATIONS re 1 Complaint, 12 Motion for Preliminary Injunction: recommending dismissal of the request for preliminary injunctive relief but does not pertain to plaintiff's request for punitive damages. Follow up on Objections to R&R on 3/20/2009. Signed by Magistrate Judge James R. Muirhead. (jab)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Jeffrey C. O'Neil, Sr. v. James O'Mara, Superintendent, Hillsborough County House of Corrections REPORT AND RECOMMENDATION Civil No. 08-cv-396-SM

The parties appeared today for a scheduled hearing on plaintiff's request for preliminary injunctive relief (document nos. 1 & 12)1. The parties agreed, and stated on the record,

that O'Neil is now receiving all of his mental health medication, and has been since February 26, 2009. Further, the defendant

assures the Court that it will continue to monitor O'Neil's mental health status and medication and insure that he is being provided with appropriate mental health treatment by qualified medical and mental health professionals. Accordingly, I find

that the motion for a preliminary injunction is moot and should

This morning, prior to the hearing, O'Neil filed a "Motion for Injunctive Relief and for Punitive Damages" (document no. 12). While I recommend dismissal of the request for preliminary injunctive relief, this Report and Recommendation does not pertain to O'Neil's request for punitive damages.

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be denied without prejudice, subject to being renewed should O'Neil be again deprived of appropriate mental health treatment and medication. Any objections to this Report and Recommendation must be filed within ten (10) days of receipt of this notice. Failure to

file objections within the specified time waives the right to appeal the district court's order. See Unauthorized Practice of

Law Comm. v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986).

_________________________________ James R. Muirhead United States Magistrate Judge Date: cc: March 3, 2009 Jeffrey C. O'Neil, Sr. John Curran, Esq. Carolyn Kirby, Esq.

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