Stow v. NH Department of Corrections, Commissioner et al
| New Hampshire District Court | |
| Judge: | Steven J Mcauliffe |
| Referred: | Talesha L Saint-Marc |
| Case #: | 1:23-cv-00455 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Oct 16, 2023 |
| Last checked: Saturday Apr 13, 2024 5:04 AM EDT |
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Defendant
Lynn-Marie Cusack
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Defendant
Paula Mattis
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Defendant
NH Department of Corrections, Commissioner
NH State Prison PO Box 14
Concord, NH 03302 |
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Defendant
Scott Newton
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Defendant
Corey Riendeau
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Notice Only
NH Attorney General - Notice Only - Civil (Court Use Only)
NH Attorney General's Office (Sam Garland) 33 Capitol St
Concord, NH 03301 |
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Notice Only
NH Department of Corrections - Notice Only - Civil (Court Use Only)
NH Department of Corrections (Sam Garland) New Hampshire State Prison P.O. Box 14
Concord, NH 03302 |
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Plaintiff
Weston J. Stow
#76311 NH State Prison for Men 281 N State St PO Box 14
Concord, NH 03302 |
GPO
Dec 07 2023
REPORT AND RECOMMENDATION re: 7 Motion for Injunctive Relief Order and for a Hearing, recommending that the court should deny Mr. Stow's request for a preliminary injunction (Doc. No. 7). Follow up on Objections to R&R on 12/21/2023. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(lw) |
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GPO
Jan 02 2024
ORDER approving 8 Report and Recommendation by Magistrate Judge Talesha L. Saint-Marc; denying 7 Motion for Injunctive Relief Order and for a Hearing. So Ordered by Judge Steven J. McAuliffe.(lw) |
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GPO
Jan 06 2025
REPORT AND RECOMMENDATION re: 1 Complaint, recommending that the district judge dismiss the Eighth Amendment claim under §1983 for damages brought against defendants in their official capacities and recommends dismissing the state law claims against defendants in their official capacities and dismissing the negligence per se claim. Follow up on Objections to R&R on 1/21/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(lw) |
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GPO
Jan 30 2025
///ORDER approving 12 Report and Recommendation. So Ordered by Judge Steven J. McAuliffe.(lw) |
| Docket last updated: 2 hours ago |
| Monday, May 05, 2025 | ||
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order
Order on Motion to Extend Time to Object/Respond
Mon 05/05 12:31 PM
ENDORSED ORDER granting 19 Motion to Extend Time to Object/Respond re 18 Motion for More Definite Statement. Text of Order: Granted. Plaintiff Weston Stow's Motion (Doc. No. 19) to extend the deadline to object or otherwise respond to defendants Motion for a More Definite Statement (Doc. No. 18) is granted, and that deadline is extended until June 6, 2025. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.Follow up on Objection on 6/6/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(lw) |
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| Thursday, April 17, 2025 | ||
| 19 | 19
motion
Extend Time to Object/Respond
Thu 04/17 3:16 PM
MOTION to Extend Time to Object/Respond to18 MOTION for More Definite Statement filed by Weston J. Stow. Follow up on Objection on 5/1/2025. (lw) |
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| Friday, April 04, 2025 | ||
| 18 | 18
motion
More Definite Statement
Fri 04/04 6:25 PM
MOTION for More Definite Statement filed by Lynn-Marie Cusack, Paula Mattis, NH Department of Corrections, Commissioner, Scott Newton, Corey Riendeau. HEARING REQUESTED. Follow up on Objection on 4/18/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(DeGrandis, Michael) |
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Att: 1
Memorandum of Law Mem. of Law in Supp. Mot. Def. St.
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| Friday, March 21, 2025 | ||
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order
Order on Motion to Extend Time
Fri 03/21 11:02 AM
ENDORSED ORDER granting 17 Motion to Extend Time to File Responsive Pleading. Text of Order: Granted. The defendants' motion to extend time to file a responsive pleading, to allow the defendants to file a motion for a more definite statement, is granted, and that deadline is extended until April 4, 2025. The motion is granted without comment on the merits of the anticipated motion for a more definite statement. So Ordered by US Magistrate Judge Talesha L. Saint-Marc. (lw) |
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| Thursday, March 20, 2025 | ||
| 17 | 17
motion
Extend Time
Thu 03/20 6:23 PM
MOTION to Extend Time to File Responsive Pleading filed by NH Department of Corrections, Commissioner, Lynn-Marie Cusack, Paula Mattis, Corey Riendeau, Scott Newton.Follow up on Objection on 4/3/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(DeGrandis, Michael) |
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| Tuesday, February 18, 2025 | ||
| 16 | 16
service
Agreement of Acceptance of Service - AG
Tue 02/18 2:07 PM
Agreement of Acceptance of Service by NH Department of Corrections, Commissioner, Lynn-Marie Cusack, Paula Mattis, Corey Riendeau, Scott Newton(DeGrandis, Michael) |
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| Monday, February 03, 2025 | ||
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order
Order on Motion to Extend Time
Mon 02/03 12:23 PM
ENDORSED ORDER granting 15 Motion to Extend Time to Notice Acceptance of Service. Text of Order: Granted. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(lw) |
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| Saturday, February 01, 2025 | ||
| 15 | 15
motion
Extend Time
Sat 02/01 3:46 PM
MOTION to Extend Time to Notice Acceptance of Service filed by NH Department of Corrections, Commissioner, Lynn-Marie Cusack, Paula Mattis, Corey Riendeau, Scott Newton. Attorney Michael P. DeGrandis added to party NH Department of Corrections, Commissioner(pty:dft), Attorney Michael P. DeGrandis added to party Lynn-Marie Cusack(pty:dft), Attorney Michael P. DeGrandis added to party Paula Mattis(pty:dft), Attorney Michael P. DeGrandis added to party Corey Riendeau(pty:dft), Attorney Michael P. DeGrandis added to party Scott Newton(pty:dft).Follow up on Objection on 2/18/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(DeGrandis, Michael) |
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| Thursday, January 30, 2025 | ||
| 14 | 14
1
pgs
order
Order on Report and Recommendation
Thu 01/30 12:42 PM
///ORDER approving 12 Report and Recommendation. So Ordered by Judge Steven J. McAuliffe.(lw) |
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| Monday, January 06, 2025 | ||
| 13 | 13
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pgs
order
Order Directing Service
Mon 01/06 2:40 PM
ORDER Directing Clerk to Make Service on NH Office of the Attorney General as provided in the Agreement on Acceptance of Service. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(lw) |
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| 12 | 12
motion
Report and Recommendation
Mon 01/06 2:36 PM
REPORT AND RECOMMENDATION re: 1 Complaint, recommending that the district judge dismiss the Eighth Amendment claim under §1983 for damages brought against defendants in their official capacities and recommends dismissing the state law claims against defendants in their official capacities and dismissing the negligence per se claim. Follow up on Objections to R&R on 1/21/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(lw) |
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notice
AG Service - Complaint
Mon 01/06 2:41 PM
NOTICE: The court has issued a ruling on preliminary review and ordered the complaint to be served. Pursuant to the Agreement on Service between the Clerk of Court and New Hampshire Attorney General, this Notice constitutes service as directed by the court. The New Hampshire Attorney General shall file notice of acceptance or declination of acceptance of service within thirty (30) days. Acceptance of Service Follow Up on 2/5/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). Answer follow up 3/3/2025.(lw) |
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| Friday, April 26, 2024 | ||
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order
Order on Motion for Leave to File
Fri 04/26 2:36 PM
ENDORSED ORDER granting 6 Motion for Leave to Amend the Complaint. Text of Order: Plaintiff Weston Stow's motion for leave to addend his complaint (Doc. No. 6) is GRANTED, to the extent that filing is construed as a complaint addendum for all purposes. As such, it is subject to this Court's preliminary review under 28 U.S.C. § 1915A(a) and LR 4.3(d)(1). The Clerk's office is directed to submit Document No. 6 to the undersigned Magistrate Judge for preliminary review. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(lw) |
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| Tuesday, March 12, 2024 | ||
| 11 | 11
notice
Change of Address
Tue 03/12 10:24 AM
NOTICE of Change of Address Weston J. Stow.(lw) |
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| Tuesday, January 02, 2024 | ||
| 10 | 10
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pgs
order
Order on Motion for Miscellaneous Relief Order on Report and Recommendation
Tue 01/02 12:31 PM
ORDER approving 8 Report and Recommendation by Magistrate Judge Talesha L. Saint-Marc; denying 7 Motion for Injunctive Relief Order and for a Hearing. So Ordered by Judge Steven J. McAuliffe.(lw) |
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| Tuesday, December 26, 2023 | ||
| 9 | 9
respoth
Objection to Report and Recommendation
Tue 12/26 11:35 AM
OBJECTION to8 Report and Recommendation filed by Weston J. Stow. (lw) |
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| Thursday, December 07, 2023 | ||
| 8 | 8
motion
Report and Recommendation
Thu 12/07 3:25 PM
REPORT AND RECOMMENDATION re: 7 Motion for Injunctive Relief Order and for a Hearing, recommending that the court should deny Mr. Stow's request for a preliminary injunction (Doc. No. 7). Follow up on Objections to R&R on 12/21/2023. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(lw) |
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| Monday, December 04, 2023 | ||
| 7 | 7
motion
Miscellaneous Relief
Mon 12/04 3:10 PM
MOTION for Injunctive Relief Order and for a Hearing filed by Weston J. Stow. HEARING REQUESTED. (lw) |
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| Monday, November 06, 2023 | ||
| 6 | 6
motion
Leave to File
Mon 11/06 12:15 PM
MOTION for Leave to Amend the Complaint filed by Weston J. Stow.(lw) |
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| Tuesday, October 17, 2023 | ||
| 5 | 5
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pgs
order
Order on Application to Proceed Without Prepayment of Fees or Costs
Wed 10/18 11:41 AM
ORDER granting 2 Application to Proceed Without Prepayment of Fees or Costs as to Weston J. Stow, initial fee of $11.44. In addition, monthly payments of 20% of each preceding months income credited to the plaintiffs account shall be remitted by the Institution when the amount in the account exceeds $10.00 until the sum of $350.00 has been paid. So Ordered by US Magistrate Judge Talesha Leah Saint-Marc. Finance Follow Up Deadline 12/18/2023(mc) |
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| Monday, October 16, 2023 | ||
| 4 | 4
misc
Certificate of Custodial Institution
Tue 10/17 11:41 AM
Certificate of Custodial Institution re:2 Proceed Without Prepayment of Fees or Costs by Weston J. Stow(mc) |
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misc
Complete Application or Fee Paid
Tue 10/17 11:43 AM
Application complete - case converted to a civil case. Case assigned to Judge Steven J. McAuliffe and US Magistrate Judge Talesha Leah Saint-Marc. New case number is 1:23-cv-455-SM-TSM. Please show this number with the judge designation on all future pleadings. (mc) |
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| Tuesday, October 10, 2023 | ||
| 3 | 3
NOTICE - Filing Fee Omitted. Either the filing fee or an application to proceed without fees or costs must be submitted within 60 days. If proceeding without prepayment of fees or costs is sought the court needs: Certificate of Custodial Institution. Compliance Deadline set for 12/11/2023. (mc)
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| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click [LINK:HERE] . (mc) | ||
| Wednesday, October 04, 2023 | ||
| 2 | 2
INCOMPLETE MOTION to Proceed Without Prepayment of Fees or Costs with Prisoner Consent Form filed by Weston J. Stow.(mc)
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Att: 1
PLRA,
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Att: 2
Prisoner Trust Report
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| 1 | 1
COMPLAINT against Lynn-Marie Cusack, Paula Mattis, NH Department of Corrections, Commissioner, Scott Newton, Corey Riendeau with Jury Demand filed by Weston J. Stow.(mc)
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit List,
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Att: 3
Exhibits A-Q,
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Att: 4
Addendum of Law
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