Blackmer v. NH, State of

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Paul Blackmer
v. 	Case No. 19-cv-204-LM
State of New Hampshire
REPORT AND RECOMMENDATION
Pro se prisoner Paul Blackmer has filed a document
entitled, “Huh?” (Doc. No. 1). 	In “Huh?”, Blackmer expresses
confusion or dismay regarding letters he has received from this
court’s clerk’s office; he expresses dissatisfaction with the
processing of his filings in the state courts; and he seeks a
hearing here at which his criminal defense counsel would produce
a state court transcript and testify regarding information
Blackmer believes would undermine the validity of his
conviction.1
This court’s clerk’s office docketed “Huh?” (Doc. No. 1) as
a civil rights complaint. 	Blackmer has filed a motion to
proceed in forma pauperis (Doc. No. 3) at this time. 	Blackmer,
however, is subject to the three strikes restriction set forth
1Blackmer’s intent in filing, “Huh?” (Doc. No. 1), is not
entirely clear. 	To the extent Blackmer intended to file a
proceeding in this court in the nature of a petition seeking
relief under 28 U.S.C. § 2254, this court would not have
jurisdiction over that petition as it would be deemed
successive. 	See Blackmer v. New Hampshire, No. 17-cv-41-SM
(D.N.H. May 10, 2017) (ECF No. 13) (approving Apr. 17, 2017 R&R
(ECF No. 5)).
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2
in 28 U.S.C. § 1915(g). 	See Blackmer v. Merrimack Cty. Super.
Ct., No. 12-cv-461-JD, 2013 WL 322209, 2013 U.S. Dist. LEXIS
10965 (D.N.H. Jan. 8, 2013), R&R adopted, No. 12-cv-461-JD, 2013
WL 322201, 2013 U.S. Dist. LEXIS 10969 (D.N.H. Jan. 28, 2013),
aff’d, No. 13-1407 (1st Cir. Mar. 7, 2014). 	This means that
unless Blackmer shows that he is exposed to an “imminent danger
of serious physical injury,” an in forma pauperis application
must be denied. 	28 U.S.C. § 1915(g). 	Blackmer’s filings fail
to show that he is in imminent danger of any serious physical
injury. 	Accordingly, the district judge should deny the motion
for leave to proceed in forma pauperis (Doc. No. 3), and order
Blackmer to pay the filing fee within thirty days, to avoid
dismissal of this civil rights case.
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 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
April 16, 2019
cc: 	Paul Blackmer, pro se
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