Marbury v. Strafford County Department of Corrections, Medical Department et al

Filing 25

ORDER denying without prejudice 10 Motion to Appoint Medical Expert; denying without prejudice 11 Motion to Appoint Counsel; denying without prejudice 15 Motion for Court Transcript of 4/26/12 sentencing; denying without prejudice 16 Motion to Compel Discovery - Medical Records from Strafford County Medical Dept. So Ordered by Magistrate Judge Landya B. McCafferty.(dae)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Raymond G. Marbury v. Civil No. 12-cv-339-JL Strafford County Department of Corrections Medical Department O R D E R Raymond G. Marbury has filed a complaint (doc. no. 1) and addenda to the complaint (doc. nos. 5, 7, 12-14, and 22), asserting that his right to receive adequate medical care was violated while he was an inmate at the Strafford County Department of Corrections. In a report and recommendation issued this date (“the R&R”), the court recommends that the complaint be denied in its entirety for failing to state any claim upon which relief might be granted. Several motions Marbury filed in this matter are pending before the court, including: a motion to appoint a medical expert (doc. no. 10); a motion to appoint counsel (doc. no. 11); a motion for a transcript (doc. no. 15); and a motion to compel discovery (doc. no. 16). Because the court finds in the R&R that Marbury has failed to state any claim upon which relief might be granted, and recommended dismissal of this action, the court denies each of these pending motions as each will be mooted if the district judge approves the R&R and dismisses the case. The denial is without prejudice to Marbury renewing the motions should the district judge not accept this court’s recommendation of dismissal. SO ORDERED. _______________________________ Landya McCafferty United States Magistrate Judge May 8, 2013 cc: Raymond G. Marbury, pro se LBM:jba 2

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