Widi, Jr. v. Federal Bureau of Prisons et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
David J. Widi, Jr.
v. 	Civil No. 14-cv-160-SM
Federal Bureau of Prisons et al.
REPORT AND RECOMMENDATION
Plaintiff David J. Widi has filed a motion for injunctive
relief (doc. no. 130), seeking an order requiring the mailroom
staff at his current place of incarceration -- FCI Pollock, a
federal prison in Louisiana – to handle his court mail “in
accordance with the governing federal regulations,” Doc. No.
130, and log in and/or deliver court mail to him. 	Widi has
grieved a similar issue through the administrative procedures at
FCI Pollock. 	Widi has not shown that the administrative process
has not or will not yield appropriate relief, and he has not
shown that he is unable to affect the treatment without a court
order by altering his incoming mail preferences at FCI Pollock.
Moreover, Widi has not shown that any relief is necessary in
this case, as Widi points to no court mail he has failed to
receive from this court,1 and no prejudice that he has suffered
1Widi asserts in Doc. No. 136 that he believes this court
recently sent him a copy of the docket index in this case, and
that he has not received that item from this court in the mail.
This court’s review of its own docket shows that the clerk’s
office has not recently mailed Widi a copy of the docket index.
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here, relative to the incoming mail practices at FCI Pollock.
For these reasons, Widi has failed to show that an injunction is
necessary to avoid irreparable harm in this case. 	See generally
Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008).
Accordingly, Widi’s motion (doc. no. 130) should be denied.
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). 	Failure to file objections within the
specified time waives the right to appeal the district court’s
order. 	See Garayalde-Rijos v. Mun. of Carolina, 747 F.3d 15,
21-22 (1st Cir. 2014).
__________________________
Andrea K. Johnstone
United States Magistrate Judge
July 22, 2016
cc: 	David J. Widi, Jr.
T. David Plourde, Esq.
Terry L. Ollila, Esq.
The clerk’s office is directed to mail Widi a complimentary copy
of the docket index, covering filings docketed since May 1,
2016, as a one-time convenience.
Case 1:14-cv-00160-SM Document 151 Filed 07/22/16 Page 2 of 2