Matheson v. Lacasse et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Josh Matheson
v. Civil No. 17-cv-036-PB
Kim Lacasse, New Hampshire
State Prison Warden Michael A. Zenk,
Corrections Officer Marc Miller, and
Corrections Officer John Batakis
REPORT AND RECOMMENDATION
In January 2017, pro se plaintiff Josh Matheson filed a
complaint (Doc. No. 1), asserting that the conditions of his
confinement at the New Hampshire State Prison (“NHSP”) violated
his Eighth Amendment rights. Matheson has not filed any
documents in this action since filing that complaint. Matheson
has neither paid the filing fee, nor filed a motion to proceed
in forma pauperis, as ordered by the court. In addition,
Matheson refused to be transported to court for a preliminary
pretrial conference that was held on April 28, 2017.
In light of Matheson’s evident intent not to prosecute this
matter at this time, the district judge should enter an order
dismissing the action, without prejudice, and should close this
case. See Fed. R. Civ. P. 41(a)(2). Any objections to this
Report and Recommendation must be filed within fourteen days of
receipt of this notice. See Fed. R. Civ. P. 72(b)(2). The
fourteen day period may be extended upon motion. Failure to
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file objections within the specified time waives the right to
appeal the district court’s order. See Santos-Santos v. Torres-
Centeno, 842 F.3d 163, 168 (1st Cir. 2016).
_______________________________
Andrea K. Johnstone
United States Magistrate Judge
May 2, 2017
cc: Josh Matheson, pro se
Francis Charles Fredericks, Esq.
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