Griffin v. NH Department of Corrections

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
John R. Griffin, Jr.
v. Civil No. 17-cv-161-LM
New Hampshire Department of Corrections
REPORT AND RECOMMENDATION
Before the court is Griffin’s motion for summary judgment
(Doc. No. 5), filed before this court completed its preliminary
review of the complaint, pursuant to 28 U.S.C. § 1915A and LR
4.3(d)(1). Griffin’s motion for summary judgment (Doc. No. 5)
is premature. No defendant has been served, and no defendant
has appeared. Griffin may refile a similar summary judgment
motion if, after the court completes its preliminary review of
the complaint, the court orders service of any claim against any
defendant named by Griffin. The motion for summary judgment
(Doc. No. 5) should thus be denied without prejudice to Griffin
filing a new motion for summary judgment after service on any
defendant has been effected.
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
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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
October 4, 2017
cc: John R. Griffin, Jr., pro se
Case 1:17-cv-00161-LM Document 8 Filed 10/04/17 Page 2 of 2