Towle v. NH State Prison, Warden

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Robert Towle
v. 	Case No. 15-cv-117-SM
Warden, New Hampshire State
Prison for Men
REPORT AND RECOMMENDATION
In an Order issued simultaneously with this Report and
Recommendation (“R&R”), the court has stayed this matter, except
as to any objections to and the district court’s disposition of
this R&R and the R&R issued January 16, 2018 (Doc. No. 100), to
allow petitioner, Robert Towle, to exhaust claims of ineffective
assistance of trial counsel in the state courts, concerning
respondent’s assertion of Towle’s procedural default of Claims
1-11 in his § 2254 petition. 	The following motions are at issue
in this R&R:
 	Respondent’s Motion for Summary Judgment (Doc. No. 72);
 	Petitioner’s Motion for Evidentiary Hearing (Doc. No. 78);
and
 	Petitioner’s Motion to Vacate Deadline for Objection to
Motion for Summary Judgment (Doc. No. 102).
All three of those motions in this case will be impacted by
Towle’s exhaustion efforts in the state courts, undertaken in
compliance with the Order issued on this date. 	Accordingly, the
Case 1:15-cv-00117-SM-AJ Document 108 Filed 02/01/18 Page 1 of 2

2
district judge should approve this R&R and deny the motion for
summary judgment (Doc. No. 72), the motion for an evidentiary
hearing (Doc. No. 78), and the motion to vacate deadline (Doc.
No. 102), without ruling on their merits, and without prejudice
to the parties’ ability to refile or amend them, after the stay
is lifted.
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 specific written objections to the
Report and Recommendation 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); Fed. R.
Civ. P. 72(b)(2).
______________________________
Andrea K. Johnstone
United States Magistrate Judge
February 1, 2018
cc: 	Robert Towle, pro se
Elizabeth C. Woodcock, Esq.
Lynmarie C. Cusack, Esq.
Case 1:15-cv-00117-SM-AJ Document 108 Filed 02/01/18 Page 2 of 2