Towle v. NH State Prison, Warden

Filing 57

/// ORDER approving 50 Report and Recommendation; denying without prejudice 18 Motion to Dismiss; denying as moot 24 Motion for More Definite Statement and denying as moot 26 Motion for to Bar and Preclude Respondent's Motion to Dismiss. The deadline for filing a motion for summary judgment in this case is sixty days from the date of this order. So Ordered by Judge Steven J. McAuliffe.(jbw)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Robert V. Towle v. Case No. 15-cv-117-SM Warden, New Hampshire State Prison O R D E R After due consideration of the objection filed (doc. no. 54), I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated December 20, 2016, for the reasons set forth therein. The respondent’s Motion to Dismiss (doc. no. 18) is hereby denied with prejudice to the respondent’s ability to assert, in a motion for summary judgment, that claims in the petition are procedurally defaulted. The petitioner’s Motion for a More Definite Statement (doc. no. 24) and Motion to Bar and Preclude Respondent’s Motion to Dismiss (doc. no. 26) are here denied as moot. The deadline for filing a motion for summary judgment in this matter will be sixty days from the date of this order. SO ORDERED. ____________________________ Steven J. McAuliffe United States District Judge Date: February 2, 2017 cc: Robert V. Towle #68236 Elizabeth C. Woodcock, Esq. Lynmarie C. Cusack, Esq.

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