Hart v. NH State Prison, Warden

Filing 22

ORDER terminating 20 Motion for to delay, stay payment; terminating 21 Motion for to delay, stay payment. Motions to be refiled in the propoer case. So Ordered by Magistrate Judge Landya B. McCafferty. (mxm)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Kenneth Hart v. Warden, New Hampshire State Prison Kenneth Hart v. John Does O R D E R Kenneth Hart has filed two motions, a motion for copies of case documents and a motion to defer payment of court fees. The No. 10-fp-533 No. 09-cv-355-PB

motions have been docketed by the Court in Hart v. Warden, Civ. No. 09-cv-355-PB, a closed habeas corpus action, as document nos. 20 and 21 respectively. The Court now finds the motions were inadvertently docketed in 09-cv-355-PB. The motions, filed without docket numbers, Hart has

both indicate John Doe defendants in their captions.

filed only one case in this Court against John Doe defendants, Hart v. Does, Civ. No. 10-fp-533. That case was closed on

January 25, 2011, because Hart failed to file paperwork supporting his request for in forma pauperis status. The

identity of the defendants in that case and the instant motions,

combined with the recent closure of the case, begs the conclusion that the motions were intended to be filed in 10-fp533. The Clerk's Office is therefore directed to redocket both motions in 10-fp-533. Once redocketed, the Clerk shall enter

the following Order disposing of the motions: The motion for copies of case documents is GRANTED. Although plaintiffs are generally charged for copies of case documents, the Court will allow Hart a one-time courtesy copy of the documents filed in Hart v. Does, No. 10-fp-533. The Clerk's

office will forward a copy of each document in the case to Hart. Hart is advised that, going forward, copies of court documents will require payment in accordance with court rules. The motion to delay payment of court fees is DENIED. Mr.

Hart has requested that the court "delay, stay, stop defer order to pay court fees" on the basis that he needs certain legal property returned to him by the prison in order to litigate his case. The request is moot. Mr. Hart failed to complete his in

forma pauperis application in this matter, which was the reason

2

the case was closed.

Accordingly, no fees were assessed in this

case, and there are no ordered payments to delay. SO ORDERED.

__________________________________ Landya B. McCafferty United States Magistrate Judge Date: cc: March 14, 2011

Kenneth Hart, pro se

LBM:jba

3