Towle v. NH State Prison, Warden
/// 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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Robert V. Towle
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
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.
Steven J. McAuliffe
United States District Judge
Date: February 2, 2017
Robert V. Towle #68236
Elizabeth C. Woodcock, Esq.
Lynmarie C. Cusack, Esq.
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