Beaulieu v. NH Department of Corrections, Commissioner et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Christopher Robert Beaulieu
v. Civil No. 14-cv-280-SM
Aaron Belanger, et al.
REPORT AND RECOMMENDATION
Before the court is New Hampshire State Prison inmate
Christopher Beaulieu’s “Motion to Disregard” (doc. no. 35),
which requests that this court “dismiss[],” without prejudice,
Beaulieu’s motion seeking a temporary transfer to the Strafford
County Department of Corrections (doc. no. 16), and his request
for an evidentiary hearing on that preliminary injunction
motion.
To avoid ruling on a motion that the movant has abandoned,
the district judge should grant Beaulieu’s Motion to Disregard
(doc. no. 35). Beaulieu’s motion for a preliminary injunction
and for a hearing (doc. no. 16) should then be denied as moot,
without prejudice to Beaulieu’s refiling a similar motion,
supported by affidavits and citing authorities, to show that the
relief requested should be granted. Cf. Apr. 10, 2015, Order
(doc. no. 22) (taking preliminary injunction motion under
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advisement and directing plaintiff to file exhibits to
substantiate relief requested).
Conclusion
For the foregoing reasons, the magistrate judge recommends
as follows:
1. The district judge should grant plaintiff’s
“Motion to Disregard” (doc. no. 35), which requests that
plaintiff’s motion for a preliminary injunction and for a
hearing (doc. no. 16) be denied, without prejudice.
2. The district judge should then deny, as moot,
Beaulieu’s motion for a preliminary injunction and for an
evidentiary hearing (doc. no. 16). The denial of that
motion should be deemed without prejudice to Beaulieu’s
ability to refile a similar motion, properly supported by
affidavits, other evidence, and authorities, showing that
the relief requested should be granted.
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 United States v. De Jesús-Viera, 655 F.3d 52, 57
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(1st Cir. 2011); Sch. Union No. 37 v. United Nat’l Ins. Co., 617
F.3d 554, 564 (1st Cir. 2010).
______________________________
Andrea K. Johnstone
United States Magistrate Judge
June 25, 2015
cc: Christopher Robert Beaulieu, pro se
Laura E. B. Lombardi, Esq.
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