Mabardy v. Grafton County Commissioners et al
| David Mabardy |
| Lawrence A. Macleod, Jr., Grafton County Commissioners, David P. Carlson, Paul V. Fitzgerald and Steven Mirkin |
| 1:2019cv00223 |
| March 6, 2019 |
| US District Court for the District of New Hampshire |
| Paul J Barbadoro |
| Andrea K Johnstone |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
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This docket was last retrieved on December 17, 2019. A more recent docket listing may be available from PACER.
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Filing 35
REPORT AND RECOMMENDATION re #1 Complaint, #3 Motion for Miscellaneous Relief, #9 Motion for Miscellaneous Relief, #13 Motion to Dismiss, #14 Motion to Dismiss, #18 Motion for Miscellaneous Relief, #19 Motion for Miscellaneous Relief, #20 Motion for Miscellaneous Relief, #27 Motion to Dismiss, recommending the district judge should dismiss this case in its entirety and deny Mabardy's motions for preliminary injunctive relief (Doc. Nos. 18-20), to discharge or dismiss the Criminal Case (Doc. Nos. 3, 9, 13, 14, 27), and to remove the Criminal Case to this court. Upon approval of this Report and Recommendation, the district judge should deny the Grafton County defendants' motion to dismiss (Doc. No. 7) as moot. Follow up on Objections to R&R on 5/16/2019. 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 Magistrate Judge Andrea K. Johnstone.(js)
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ENDORSED REPORT AND RECOMMENDATION re #31 Motion for Hearing to Remove Wrongful Protection, recommending the district judge deny the motion. Text of Order: Edythe Murphy, who is not a party to this action, has filed a motion for a hearing (Doc. No. 31), along with two affidavits (Doc. Nos. 32, 33) in support of that motion, seeking an injunction vacating a state court order directing Plaintiff David Mabardy not to have any contact with Murphy. Because Murphy is not a party to this action, she cannot file motions or seek relief in this case. See Fed. R. Civ. P. 11(a) (Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name or by a party personally if the party is unrepresented....). Accordingly, the district judge should deny the motion (Doc. No. 31). 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 specific written objections to the Report and Recommendation within the specified time waives the right to appeal the district courts order. See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016). So Ordered by Magistrate Judge Andrea K. Johnstone. Follow up on Objections to R&R on 5/15/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(js)
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| Filing 34 MOTION for Electronic Filing filed by David Mabardy. Follow up on Objection on 5/14/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(js) |
| Filing 33 AFFIDAVIT of Bail filed by David Mabardy. (Attachments: #1 Cover Letter)(js) |
| Filing 32 AFFIDAVIT of Truth filed by David Mabardy. (Attachments: #1 Cover Letter)(js) |
| Filing 31 MOTION for Hearing to Remove Wrongful Protection filed by David Mabardy. HEARING REQUESTED. Follow up on Objection on 5/13/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Cover letter)(js) |
| Notice regarding #27 MOTION to Dismiss: Pursuant to Local Rule 72.1, this motion has been referred to Magistrate Judge Andrea K. Johnstone for proposed findings of fact and a recommendation as to its disposition. Any such findings and recommendations shall be filed with the Court and a copy shall forthwith be served on all parties. (js) |
| Filing 30 Addendum/ to #16 Objection to Motion, #17 Objection to Motion, /Errata to Court Documents by Paul V. Fitzgerald, Grafton County Commissioners. (Curran, John) |
| Filing 29 OBJECTION to #27 MOTION to Dismiss /Discharge re: Case No. 215-2019-CR-0053 filed by Paul V. Fitzgerald, Grafton County Commissioners. Follow up on Reply on 4/26/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Curran, John) |
| Filing 28 NOTICE: GENERAL OBJECTION to #7 MOTION to Dismiss Pursuant to FRCP 12(b)(6), #16 OBJECTION to 13 MOTION to Dismiss, and #17 OBJECTION to 14 MOTION to Dismiss/Discharge, filed by David Mabardy. Follow up on Reply on 4/24/2019. (vln) |
| Filing 27 MOTION to Discharge and Dismiss Regarding Case No 215-2019-cr-00053, filed by David Mabardy. Follow up on Objection on 5/1/2019. (vln) |
| Filing 26 NOTICE of Limitation of Ability, Deprivation of Privacy, and Equality Regarding Case No 215-2019-cr-00053, by David Mabardy.(vln) |
| Filing 25 NOTICE of Unjust Punishment Regarding Case No 215-2019-cr-00053, by David Mabardy.(vln) |
| Filing 24 OBJECTION to #20 MOTION for hearing to remove protection order filed by Paul V. Fitzgerald, Grafton County Commissioners. Follow up on Reply on 4/23/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Curran, John) |
| Filing 23 OBJECTION to #19 MOTION for hearing for emergency temporary injunctive relief from matter Regarding Case No. 215-2019-CR-43: filed by Paul V. Fitzgerald, Grafton County Commissioners. Follow up on Reply on 4/23/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Curran, John) |
| Filing 22 OBJECTION to #18 MOTION for hearing for emergency relief from excessive bail. Regarding Case No. -2062: filed by Paul V. Fitzgerald, Grafton County Commissioners. Follow up on Reply on 4/23/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Legal Memorandum)(Curran, John) |
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ENDORSED ORDER REFERRING MOTION to Magistrate Judge Johnstone: #18 MOTION for hearing for emergency relief from excessive bail. Regarding Case No. {215-2019-CR-00053}, #20 MOTION for hearing to remove protection order {#NH00583J} RegardingCase No. {215-2019-CR-00053}. Text of Order: Plaintiff has requested preliminary injunctive relief (doc. nos. 18 & 20). The magistrate judge is designated to consider the request and, if necessary, conduct a hearing on the matter. The magistrate judge shall file proposed findings and recommendations with the court. See 28 U.S.C. 636(b)(1)(B). So Ordered by Judge Paul J. Barbadoro. Motions referred to Andrea K. Johnstone.(js)
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| Filing 21 NOTICE: Private Doctor evaluation Regarding Case No. {215-2019-CR-00053} by David Mabardy. (Attachments: #1 Cover Letter)(js) |
| Filing 20 MOTION for hearing to remove protection order {#NH00583J} RegardingCase No. {215-2019-CR-00053}: filed by David Mabardy. Served on 4/11/2019. HEARING REQUESTED. Follow up on Objection on 4/25/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Cover Letter)(js) |
| Filing 19 MOTION for hearing for emergency temporary injunctive relief from matter Regarding Case No. 215-2019-CR-{00053}: filed by David Mabardy. Served on 4/10/2019. HEARING REQUESTED. Follow up on Objection on 4/25/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Cover Letter)(js) |
| Filing 18 MOTION for hearing for emergency relief from excessive bail. Regarding Case No. {215-2019-CR-00053} filed by David Mabardy. Served on 4/10/2019. HEARING REQUESTED. Follow up on Objection on 4/25/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Cover Letter)(js) |
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ENDORSED ORDER REFERRING MOTION to Magistrate Judge Johnstone: #19 Motion for hearing for emergency temporary injunctive relief from matter Regarding Case No. 215-2019-CR-{00053}. Text of Order: Plaintiff has requested preliminary injunctive relief (doc. no. 19). The magistrate judge is designated to consider the request and, if necessary, conduct a hearing on the matter. The magistrate judge shall file proposed findings and recommendations with the court. See 28 U.S.C. 636(b)(1)(B). So Ordered by Judge Paul J. Barbadoro. Motions referred to Andrea K. Johnstone.(js)
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| Filing 17 OBJECTION to #14 MOTION to Dismiss /Discharge filed by Paul V. Fitzgerald, Grafton County Commissioners. Follow up on Reply on 4/16/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Curran, John) |
| Filing 16 OBJECTION to #13 MOTION to Dismiss filed by Paul V. Fitzgerald, Grafton County Commissioners. Follow up on Reply on 4/16/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Curran, John) |
| Notice regarding #13 MOTION to Dismiss, #14 MOTION to Discharge/Dismiss: Pursuant to Local Rule 72.1, this motion has been referred to Magistrate Judge Andrea K. Johnstone for proposed findings of fact and a recommendation as to its disposition. Any such findings and recommendations shall be filed with the Court and a copy shall forthwith be served on all parties. (js) |
| Filing 15 NOTICE of Trespass on Rights.(js) |
| Filing 14 MOTION to Discharge/Dismiss filed by David Mabardy. Follow up on Objection on 4/18/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(js) |
| Filing 13 MOTION to Dismiss filed by David Mabardy. Follow up on Objection on 4/18/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(js) |
| Filing 12 NOTICE of Barratry by David Mabardy.(js) |
| Filing 11 NOTICE of Excessive Bail Relief by David Mabardy.(js) |
| Filing 10 NOTICE of Change of Address by David Mabardy.(js) |
| Notice regarding #7 MOTION to Dismiss Pursuant to FRCP 12(b)(6) : Pursuant to Local Rule 72.1, this motion has been referred to Magistrate Judge Andrea K. Johnstone for proposed findings of fact and a recommendation as to its disposition. Any such findings and recommendations shall be filed with the Court and a copy shall forthwith be served on all parties. (js) |
| Filing 9 MOTION to Discharge for Fraud filed by David Mabardy. Follow up on Objection on 4/11/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Attachment)(js) |
| Filing 8 NOTICE: In Equality by David Mabardy.(js) |
| Filing 7 MOTION to Dismiss Pursuant to FRCP 12(b)(6) filed by Paul V. Fitzgerald, Grafton County Commissioners. Follow up on Objection on 4/2/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit Grafton County Superior Court Bail Order of 2/15/19)(Curran, John) |
| Filing 6 NOTICE of Attorney Appearance by John A. Curran on behalf of Paul V. Fitzgerald, Grafton County Commissioners Attorney John A. Curran added to party Paul V. Fitzgerald(pty:dft), Attorney John A. Curran added to party Grafton County Commissioners(pty:dft).(Curran, John) |
| Filing 5 NOTICE of Undue Harm by David Mabardy. (Attachments: #1 Envelope)(js) |
| Filing 4 NOTICE of Adding Michael Grier to List of Libellants by David Mabardy. (Attachments: #1 Envelope)(js) |
| Filing 3 MOTION to Discharge filed by David Mabardy. (Attachments: #1 Attachment)(js) |
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ENDORSED ORDER RE #3 MOTION to Discharge. Text of Order: ORDER PROHIBITING REMOTE ELECTRONIC ACCESS - Document No. 3-1 contains one or more personal identifiers listed in Fed.R.Civ.P. 5.2(a). Making this information available over the Internet may result in personal or financial harm to the person whose information is contained therein. As good cause exists to prohibit a nonparty from obtaining remote electronic access to the Attachment to the Motion to Discharge, the clerk shall limit remote access accordingly pursuant to Fed.R.Civ. P. 5.2(e)(2). So Ordered by Magistrate Judge Andrea K. Johnstone.(js)
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| Filing 2 NOTICE of Trespass on Rights by David Mabardy.(js) |
| Filing 1 COMPLAINT against David P. Carlson, Paul V. Fitzgerald, Grafton County Commissioners, Lawrence A. Macleod, Jr., Steven Mirkin with Jury Demand ( Filing fee $ 400 receipt number 14649017523) filed by David Mabardy. (Attachments: #1 Exhibits 1-10/ Supporting Docs, #2 Certificate of Service) (bt) |
| Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:19-cv-223-PB. Please show this number with the judge designation on all future pleadings. (bt) |
| 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 #HERE. (bt) |
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