Hanson v. Rockingham County Department of Corrections, Superintendent
Filing
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ORDER granting in part 22 Motion to Extend Time to Object/Respond re 19 Report and Recommendations/Order Directing Service,. So Ordered by Magistrate Judge Landya B. McCafferty. Follow up on Objection on 2/13/2012.(mm)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Michael Hanson
v.
Civil No. 11-cv-534-PB
Stephen Church, Superintendent,
Rockingham County Department of
Corrections, et al.
O R D E R
Before the court is Michael Hanson’s “Motion to Extend
Filing Deadline and Request for Injunctive Relief” (doc. no.
22).
The motion seeks the following relief: (1) a preliminary
injunction; (2) an extension of time to file an objection to the
court’s previously issued report and recommendation (doc. no.
19); and (3) a courtesy copy of the amended complaint in this
matter (doc. no. 8).
The motion has been referred to this
magistrate judge for a report and recommendation as to the
disposition of the request for preliminary injunctive relief,
and for a ruling on the nondispositive requests in the motion.
See Order (doc. no. 23).
The motion is granted in part, as to the nondispositive
issues.
The deadline for filing an objection to the report and
recommendation is extended for fourteen days from the date of
this order.
The court will provide a one-time courtesy copy of
the amended complaint (doc. no. 8).
Future requests for copies
of documents will be subject to the court’s normal fee of fifty
cents per page.
Hanson has previously requested preliminary injunctive
relief (doc. nos. 1, 4, 8, 15 and 16).
As discussed in the
court’s January 12, 2012, order (doc. no. 18) and report and
recommendation (doc. no. 19), the court deferred consideration
of those requests pending receipt of an amended request for
preliminary injunctive relief demonstrating that Hanson can
satisfy the elements of such a request.
The court also granted
Hanson leave to file an amended complaint by February 11, 2012.
The court has received neither an amended request for
preliminary injunctive relief that demonstrates that Hanson can
satisfy the standard for a preliminary injunction, nor an
amended complaint stating a plausible claim for relief as to any
claim asserting an ongoing violation of his rights.
Accordingly, the court defers ruling on the instant motion for
preliminary injunction (doc. no. 22) until Hanson files an
amended complaint and request for injunctive relief as directed
in the January 12, 2012, order (doc. no. 18).
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Conclusion
The motion (doc. no. 22) is granted in part, to the extent
that Hanson shall have 14 days from the date of this Order to
file an objection to the report and recommendation (doc. no.
19), and the clerk is directed to provide Hanson with a courtesy
copy of the amended complaint (doc. no. 8).
To the extent that
the motion (doc. no. 22) requests preliminary injunctive relief,
the motion is taken under advisement, pending Hanson’s filing an
amended complaint and an amended request for preliminary
injunctive relief, as directed in the Order dated January 12,
2012 (doc. no. 18).
SO ORDERED.
__________________________
Landya McCafferty
United States Magistrate Judge
January 31, 2012
cc:
Michael Hanson
LBM:jba
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