Valerio v. NH Department of Corrections, Commissioner et al

`UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Dwayne M. Valerio
v. Civil No. 15-cv-248-LM
William Wrenn et al.
REPORT AND RECOMMENDATION
Before the court is plaintiff Dwayne M. Valerio’s motion to
amend (Doc. No. 29) the complaint in this matter. Defendant
Bonnie Johnson has objected (Doc. No. 34).
Plaintiff seeks leave to join five new defendants. Each of
those defendants is a corrections officer who was on duty on
first shift in the Reception and Diagnostic Unit (“R&D”) of the
New Hampshire State Prison on July 6, 2012. Plaintiff has
alleged that on that date, an R&D corrections officer, whose
name was unknown to plaintiff, subjected plaintiff to an illegal
visual body cavity search. That unnamed officer has been
identified as “John Doe #3” for the purposes of this lawsuit.
Valerio claims that any of the five officers he seeks to add to
this action as defendants could be “John Doe #3.” Valerio does
not assert any other claim against those five officers.
Since filing the instant motion to join five new
defendants, Valerio has received photographs of all of the
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officers who were on duty in R&D on July 6, 2012. In a separate
Order issued this date, this court granted Valerio sixty days to
identify John Doe #3 by name, using those photos. Accordingly,
the pending motion to amend complaint (Doc. No. 29) should be
denied, without prejudice to Valerio’s ability to move to amend
his complaint in the future to name John Doe #3.
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 14, 2017
cc: Dwayne M. Valerio
Seth Michael Zoracki, Esq.
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