Hart v. NH State Prison

Filing 22

ORDER granting to extent as outlined and otherwise denied 20 Motion for findings of fact and ruling of law. Plaintiff to file motion for IFP with required materials by 5/10/11. If a properly supported motion is received and granted, case will be reopened. If plaintiff fails to file a properly supported motion or if a motion is filed but not granted, case will not be reopened. So Ordered by Judge Joseph A. DiClerico, Jr. (dae)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

Kenneth H. Hart
v.

Civil No. 11-cv-002-JD

New Hampshire State Prison
O R D E R
Kenneth H. Hart, proceeding pro se, filed a complaint on
November 8, 2010, seeking an injunction against the Hillsborough
County North Superior Court.

Hart did not pay the filing fee.

On January 4, 2011, the clerk of court sent Hart a notice that he
was required to pay the filing fee or move for in forma pauperis
status and forwarded the appropriate forms for in forma pauperis
status.

The notice also explained to Hart that his “action will

not be considered a civil case or any action taken until the
appropriate fee has been received or in forma pauperis status has
been granted.”
Hart did not pay the fee or move for in forma pauperis
status.

Instead, he filed several motions and an addendum to his

complaint.

On January 13, 2011, the magistrate judge granted

Hart’s motion, in part, in which he sought copies of his
complaint in this action and copies of his other filings.
were sent to him on January 14, 2011.

Those

On March 21, 2011, after the time for paying the fee or
moving for in forma pauperis status had expired, the magistrate
judge issued a report and recommendation that Hart’s action be
dismissed and that his pending motions be denied as moot.

The

report and recommendation was approved on April 5, 2011.
Judgment entered on April 15, 2011.
Hart filed a motion seeking three application packets for in
forma pauperis status, which the magistrate judge granted.

The

application packets were sent on April 15, 2011.
Hart also filed a motion for “findings and rulings of laws”
pertaining to the court’s order that approved the magistrate
judge’s recommendation to dismiss the action.

Hart states that

he did not receive the notice from the clerk of court pertaining
to the filing fee and the application packet for in forma
pauperis status.

Hart does not specify what findings and rulings

he is seeking.
The court sent Hart three packets of in forma pauperis
application materials on April 15, 2011.

Therefore, even if Hart

did not receive those materials in January when they were sent to
him, he has them now.

Hart will be given one final opportunity

to file the required motion and materials for in forma pauperis
status in this action.

If the in forma pauperis motion, with all

required supporting materials, is received by the court on or
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before May 10, 2011, it will be considered, and if granted, the
case will be reopened.

If not, the case will remain closed.

Conclusion
For the foregoing reasons, the plaintiff’s motion for
findings and rulings (document no. 20) is granted to the extent
that the plaintiff is given a final opportunity to comply with
the filing fee requirement and is otherwise denied.
The plaintiff shall file a motion, with the required
materials, for in forma pauperis status on or before May 10,
2011.

If a properly supported motion is received and granted,

the case will be reopened.

If the plaintiff fails to file a

properly supported motion or if a motion is filed but not
granted, the case will not be reopened.
SO ORDERED.

____________________________
Joseph A. DiClerico, Jr.
United States District Judge
April 19, 2011
cc:

Kenneth H. Hart #73581, pro se

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