Strahan v. OReilly et al
| Richard Maximus Strahan |
| Sean OReilly, Patrick Costin, Joseph Digregorio, James Decker, Cheri Patterson, Tracy Birmingham and Steven Lee |
| 1:2022cv00052 |
| February 8, 2022 |
| US District Court for the District of New Hampshire |
| Andrea K Johnstone |
| Steven J McAuliffe |
| Landya B McCafferty |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 28, 2022. A more recent docket listing may be available from PACER.
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| Filing 87 MANDATE of USCA as to #74 Notice of Interlocutory Appeal filed by Richard Maximus Strahan, #86 Judgment. (lw) |
| Filing 86 USCA JUDGMENT as to #74 Notice of Interlocutory Appeal, filed by Richard Maximus Strahan. Accordingly, it is ordered that the above-captioned appeal be dismissed in accordance with 1st Cir. R. 3.0(b).(lw) |
| Appellate Case Number: First Circuit Court of Appeals 22-1799 re: #83 Notice of Appeal, filed by Richard Maximus Strahan.(lw) |
| Filing 85 Clerk's Certificate transmitting Record on Appeal to US Court of Appeals, documents numbered 71, 72, 9/15/22 Endorsed Order, 80, 81, 10/8/22 Endorsed order, 83, 84, 85, re #83 Notice of Appeal. A copy of the Notice of Appeal mailed to all parties this date.(lw) |
| Filing 84 Appeal Cover Sheet as to #83 Notice of Appeal, filed by Richard Maximus Strahan. (lw) |
| Filing 83 NOTICE OF APPEAL as to #80 Order, #81 Judgment, #71 Order, #72 Order to Show Cause, Endorsed Order dated 9/15/2022, Endorsed Order dated 10/8/2022, by Richard Maximus Strahan. File-stamped copy to be sent to parties/USCA by Clerks Office. NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel and pro se parties should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/cmecf(lw) |
ENDORSED ORDER re: #82 Notice. Text of Order: This case is closed. Pro se Plaintiff's Notice is both inappropriate and in violation of Fed. R. Civ. P. 12 (f). It is stricken from the record. So Ordered by Judge Steven J. McAuliffe.(lw)
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| Filing 82 STRICKEN PER ORDER DATED 10/8/2022. NOTICE to Shyster McAuliffe that He is Being Prosecuted for Violating My First Amendment Protected Right to Petition the Courts and for Crimes Against the Public Interest by Richard Maximus Strahan.(lw) Modified on 10/11/2022 to add: stricken text (lw). |
| Filing 81 JUDGMENT is hereby entered in accordance with #80 Order Order on Motion Plaintiff's Verified Emergency Petition and Memo to Enjoin Gag Orders by Johnstone, McCafferty & McAuliffe as Facially Violative of His Constitutionally Projected Right to Petition the Court, Equal Treatment Under Law, Due Process and Core Political Speech, Order PLAINTIFF'S VERIFIED PETITION to Stay Proceedings Pending His Appeal of its Denial of His Sought for Preliminary Injunction and Preliminary Opposition to McAuliffe's Threat to do a Retaliatory Dismissal of the Instant Action. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (lw) |
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Filing 80
///ORDER denying #73 Plaintiff's Verified Emergency Petition and Memo to Enjoin Gag Orders by Johnstone, McCafferty & McAuliffe as Facially Violative of His Constitutionally Projected Right to Petition the Court, Equal Treatment Under Law, Due Process and Core Political Speech; denying #79 PLAINTIFF'S VERIFIED PETITION to Stay Proceedings Pending His Appeal of its Denial of His Sought for Preliminary Injunction and Preliminary Opposition to McAuliffe's Threat to do a Retaliatory Dismissal of the Instant Action. Because this action has been dismissed, the court need not subject Strahan's proposed amended complaint (document no. 78) to preliminary review under Local Rule 4.3(d)(2). Any pending motions not addressed in this order are denied as moot. The Clerk of Court shall enter judgment in accordance with this order and close the case. So Ordered by Judge Steven J. McAuliffe.(lw)
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| Filing 79 PLAINTIFF'S VERIFIED PETITION to Stay Proceedings Pending His Appeal of its Denial of His Sought for Preliminary Injunction and Preliminary Opposition to McAuliffe's Threat to do a Retaliatory Dismissal of the Instant Action filed by Richard Maximus Strahan. Follow up on Objection on 10/11/2022. (lw) |
| Filing 78 VERIFIED REVISED AMENDED COMPLAINT for Declaratory, Injunctive, Compensatory Relief & Request for a Jury Trial against Tracy Birmingham, Patrick Costin, James Decker, Joseph Digregorio, Steven Lee, Sean OReilly, Cheri Patterson filed by Richard Maximus Strahan.(lw) |
| Filing 77 PLAINTIFF'S VERIFIED NOTICE of His Filing a Revised Amended Complaint by Richard Maximus Strahan.(lw) |
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ENDORSED ORDER - Text of Order: Pro Se Plaintiff has noted interlocutory appeals in this matter that do not appear to divest this court of jurisdiction so as to relieve him of the obligation to show cause as directed (Order, doc. no. 72). "An appeal from the grant or denial of a preliminary injunction does not divest the trial court of jurisdiction or prevent it from taking other steps in the litigation while the appeal is pending.... The only restriction on the trial court's power occurs if the appellate court enters an order staying the lower court until the appeal has been completed." Contour Design, Inc. v. Chance Mold Steel Co., 649 F.3d 31, 34 (1st Cir. 2011) (quoting 11A Wright & Miller, Federal Practice and Procedure 2962, at 43839 (2d ed.1995)). Accordingly, plaintiff is reminded that he must respond on or before September 23, 2022, failing which this case shall be dismissed with prejudice. So Ordered by Judge Steven J. McAuliffe.(lw)
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| Filing 76 Clerk's Certificate transmitting Record on Appeal to US Court of Appeals, documents numbered 70, 74-76, re #74 Notice of Interlocutory Appeal. A copy of the Notice of Appeal mailed to all parties this date.(lw) |
| Filing 75 Appeal Cover Sheet as to #74 Notice of Interlocutory Appeal, filed by Richard Maximus Strahan. (lw) |
| Filing 74 NOTICE OF INTERLOCUTORY APPEAL/Plaintiff's Notice of Appeal of the Court's Denial of His Petition for a Preliminary Injunction Against Defendant Birmingham - as to #70 Order #44 Plaintiff's Emer. Petition for a TRO and then a Preliminary Injunction to Enjoin Def. Birmingham, #46 Motion for Hearing, #51 Motion to Amend Motion for Temporary Restraining Order, by Richard Maximus Strahan. File-stamped copy to be sent to USCA by Clerks Office.(lw) |
| Appellate Case Number: First Circuit Court of Appeals 22-1699 re: #74 Notice of Interlocutory Appeal, filed by Richard Maximus Strahan.(lw) |
| Filing 73 Plaintiff's Verified Emergency Petition and Memo to Enjoin Gag Orders by Johnstone, McCafferty & McAuliffe as Facially Violative of His Constitutionally Projected Right to Petition the Court, Equal Treatment Under Law, Due Process and Core Political Speech filed by Richard Maximus Strahan. Follow up on Objection on 9/26/2022. (lw) |
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Filing 72
ORDER TO SHOW CAUSE. Follow up on Show Cause Response on 9/23/2022. 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 Judge Steven J. McAuliffe.(lw)
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Filing 71
ORDER striking #41 Motion for Plaintiff's Verified Emergency Petition and Memo to Enjoin. For the foregoing reasons, the plaintiff's motion to enjoin (document no. 41) is struck from the docket and shall be returned to the plaintiff. The plaintiff is put on notice that the use of such terminology will not be tolerated and any use of offensive terminology in future filings will result in that filing being struck and returned to the plaintiff. So Ordered by Judge Steven J. McAuliffe.(lw)
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Filing 70
ORDER terminating #44 Plaintiff's Emer. Petition for a TRO and then a Preliminary Injunction to Enjoin Def. Birmingham, terminating #46 Motion for Hearing re: #44 Motion for Temporary Restraining Order, terminating #51 Motion to Amend Motion for Temporary Restraining Order. So Ordered by Judge Steven J. McAuliffe.(lw)
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| Case reassigned to Judge Steven J. McAuliffe. The new case designation is: 22-cv-52-SM. Please show this number with the correct judge designation on all further pleadings.(de) |
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Filing 69
ORDER granting #67 Petition for Defendant Landya McCafferty to Recuse. Clerk shall reassign to another judge. So Ordered by Chief Judge Landya B. McCafferty.(gla)
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| Filing 68 Plaintiff's Petition for Court to Issue Summons Against Defendant Landya and to Order to US Marshal to Serve It by Richard Maximus Strahan.(de) |
| Filing 67 Plaintiff's Petition for Defendant Landya McCafferty to Recuse by Richard Maximus Strahan.(de) |
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Filing 66
ORDER Re: #62 Motion to Recuse. For those several reasons, the suit Strahan threatens to bring against me has no legitimate basis. Accordingly, 455(b) does not require my recusal and, under 455(a), no reasonable observer could question my impartiality. Strahan's motion to recuse (doc. no. 62) is denied. So Ordered by Chief Judge Landya B. McCafferty.(de)
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ENDORSED ORDER Re: #35 Motion. Text of Order: Pursuant to Fed. R. Civ. P. 45 and Local Rule 45.2, plaintiff Richard Strahan moves (doc. no. 35) for a subpoena to be issued to the "NH State Cop HQ" and "Town of Newington Cop Shop" to produce the addresses of two defendants in this suit for purposes of serving them: Patrick Costin and James Decker. Costin objects, asserting that Strahan has no need for his address since Costin has appeared and has offered to waive or accept service via counsel. Decker has not been served and has not appeared in the suit. Strahan's motion is denied as to Costin because Strahan's purpose for the subpoena is moot given Costin's appearance and willingness to accept service via counsel. Strahan's motion as to Decker is denied because it fails to comply with Local Rule 45.2. That rule requires a request for subpoena from a litigant proceeding in forma pauperis to state "the name, address,..., and brief statement of the... evidence to be produced from each witness...." Further, Federal Rule of Civil Procedure 45 requires a subpoena to command a "person" to testify, and produce designated documents, etc. In his motion, Strahan does not identify a "person" to whom the subpoena is to be directed, nor the persons address. The court cannot issue a subpoena to the "NH State Cop HQ" or the "Town of Newington Cop Shop" because the court does not know what person or entity Strahan is referencing. Furthermore, Strahan has not specified the form or manner in which the person or entity should produce the information. So Ordered by Chief Judge Landya B. McCafferty.(de)
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| Filing 65 STRICKEN PER ORDER DATED 9/8/2022. REVISED AMENDED COMPLAINT with Jury Demand filed by Richard Maximus Strahan.(de) Modified on 9/8/2022 to add: stricken text (lw). |
| Filing 64 Plaintiff's NOTICE of Revised Complaint Re: 4/19/2022 amended complaint by Richard Maximus Strahan.(de) |
| Filing 63 STRICKEN PER ORDER DATED 9/8/2022. NOTICE of Intent to Add Judge as Defendant by Richard Maximus Strahan.(de) Modified on 9/8/2022 to add: stricken text (lw). |
| Filing 62 Plaintiff's Petition for Landya McCafferty to Recuse by Richard Maximus Strahan.(de) |
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ENDORSED ORDER granting #58 MOTION to Extend Time to Answer to allow completion of preliminary review. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.(de)
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ENDORSED ORDER re: #50 Notice. Text of Order: Plaintiff Richard Strahan requests email notification of docket filings because he has no current mailing address (doc. no. 50). Strahan also requests that the court send him periodic copies of the docket report and other materials. District of New Hampshire Local Rule 83.6(e) requires that [a]ll persons who do not have permission to file electronically shall immediately notify the clerk's office in writing of any change of address and telephone number. Counsel or pro se parties who fail to provide the clerk's office with their current contact information in accordance with this rule are not entitled to notice. The Clerk's Office notifies pro se litigants of docketed filings by mail to the address they provide to the court, but does not provide litigants filings by email. Moreover, Strahan has a documented history of abusing Clerk's Office staff in his communications with them, such that the court is not inclined to create a unique exception for him. The court notes that it provides litigants, including pro se litigants, an electronic filing system that Strahan declines to utilize. Accordingly, Strahan's motion (doc. no. 50) to be provided court documents by email is denied. So Ordered by Chief Judge Landya B. McCafferty.(de)
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ENDORSED ORDER denying #52 Motion. Text of Order: Plaintiff Richard Strahan moves (doc. no. 52) for subpoenas to serve on the University of New Hampshire to obtain the addresses of two individuals because he wants to bring a lawsuit against them. Neither UNH nor either individual are parties to this suit, and Strahan identifies no rule that suggests the court must provide him assistance in discovering facts supporting a yet-to-be-filed lawsuit. Accordingly, the motion is denied. So Ordered by Chief Judge Landya B. McCafferty.(de)
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| Filing 61 NOTICE to Court/Judge McCafferty by Richard Maximus Strahan.(de) |
| Filing 60 OBJECTION to #52 MOTION Pursuant to LR 45.1 to be issued Subpoenas to Compel Production of Addresses and Notice of Intent to Commence Another Civil Rights Action Replaces Document No. 59 filed by Joseph Digregorio. Follow up on Reply on 7/7/2022. 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 Exhibit A-Plaintiff's Emails with UNH)(Smith, Donald) |
| Filing 59 REPLACED BY DOC. #60 . OBJECTION to #52 MOTION Pursuant to LR 45.1 to be issued Subpoenas to Compel Production of Addresses and Notice of Intent to Commence Another Civil Rights Action filed by Joseph Digregorio. Follow up on Reply on 7/6/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Smith, Donald) Modified on 6/30/2022 to add: Replaced by Doc. 60 (de). |
| Filing 58 MOTION to Extend Time to Answer to allow completion of preliminary review filed by Joseph Digregorio.Follow up on Objection on 7/11/2022. 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 Exhibit Email from Plaintiff)(Van Rossum, Marrielle) |
| Filing 57 OBJECTION to #51 MOTION to Amend filed by Joseph Digregorio. Follow up on Reply on 7/5/2022. 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 Exhibit (Affidavit) Declaration of Attorney Birmingham)(Van Rossum, Marrielle) |
| Filing 56 CERTIFICATE OF SERVICE by Joseph Digregorio re: #54 Objection to Motion, (Van Rossum, Marrielle) |
| Filing 55 CERTIFICATE OF SERVICE by Joseph Digregorio re: #53 Objection to Motion, (Van Rossum, Marrielle) |
| Filing 54 OBJECTION to #46 MOTION for Hearing re #44 MOTION for Temporary Restraining Order filed by Joseph Digregorio. Follow up on Reply on 6/28/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Van Rossum, Marrielle) |
| Filing 53 OBJECTION to #44 MOTION for Temporary Restraining Order filed by Joseph Digregorio. Follow up on Reply on 6/28/2022. 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 Exhibit (Affidavit) Declaration of Attorney Birmingham, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Van Rossum, Marrielle) |
| Filing 52 MOTION pursuant to LR 45.1 to be issued Subpoenas to Compel Production of Addresses and Notice of Intent to Commence Another Civil Rights Action filed by Richard Maximus Strahan.Follow up on Objection on 6/30/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(de) |
| Filing 51 MOTION to Amend: Plaintiff's Emer. Petition to Amend his Pending Petition for a TRO/PI Injunction against now both Birmingham and Lee filed by Richard Maximus Strahan.Follow up on Objection on 6/27/2022. 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 Affidavit)(de) |
| Filing 50 NOTICE/Petition re: address by Richard Maximus Strahan.(de) |
| Filing 48 NOTICE of Attorney Appearance by Marrielle B. Van Rossum on behalf of Joseph Digregorio Attorney Marrielle B. Van Rossum added to party Joseph Digregorio(pty:dft).(Van Rossum, Marrielle) |
| Filing 49 Email/Letter to Clerk's Office from Richard Maximus Strahan. (de) |
| Filing 47 NOTICE of Mail Returned- Attempted - Not Known; Unable to Forward re #42 Order, #40 Order on Motion for Court to Order US Marshal to Serve Summons, Order on Motion to Extend Time to Object/Respond. (bf) |
| Filing 46 MOTION for Hearing re #44 MOTION for Temporary Restraining Order filed by Richard Maximus Strahan. HEARING REQUESTED.Follow up on Objection on 6/21/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(de) (de). |
| Filing 45 DECLARATION/AFFIDAVIT re #44 MOTION for Temporary Restraining Order filed by Richard Maximus Strahan.(de) |
| Filing 44 Plaintiff's Emer. Petition for a TRO and then a Preliminary Injunction to Enjoin Def. Birmingham filed by Richard Maximus Strahan.Follow up on Objection on 6/21/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(de) |
| Filing 43 STRICKEN PER ORDER DATED 9/8/2022. NOTICE of Intent to Bring Suit Against Landya McCafferty... by Richard Maximus Strahan.(vln) Modified on 9/8/2022 to add: stricken text (lw). |
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Filing 42
ORDER re: Mr. Strahan's behavior and telephone use. Accordingly, the court finds that a dismissal of this suit with prejudice will be appropriate if Strahan violates the court's orders again. So Ordered by Chief Judge Landya B. McCafferty.(de)
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| Filing 41 STRICKEN AND RETURNED PER ORDER DATED 9/6/2022. - Plaintiff's Verified Emergency Petition and Memo to Enjoin filed by Richard Maximus Strahan.Follow up on Objection on 6/9/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(de) Modified on 9/6/2022 to add: stricken text (lw). |
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Filing 40
ORDER denying as moot #36 Motion for Court to Order US Marshal to Serve Summons; granting #39 Motion to Extend Time. So Ordered by Chief Judge Landya B. McCafferty. (gla)
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| Filing 39 MOTION to Extend Time to Object/Respond to #34 MOTION to Dismiss for Failure to State a Claim, #31 MOTION to Dismiss Amended Complaint, #33 MOTION to Dismiss for Failure to State a Claim filed by Richard Maximus Strahan. (This motion was sent/emailed by plaintiff to the ECF Intake box on today's date, 5/19/2022).Follow up on Objection on 6/2/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(de) |
| Filing 38 OBJECTION to #35 MOTION Petition by FRCP Rule 45 to Issue Him Summons to Discover Address of Defendants Costin & Decker filed by Patrick Costin. Follow up on Reply on 5/24/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Cullen, Brian) |
| Filing 37 NOTICE of Attorney Appearance by Donald L. Smith on behalf of Joseph Digregorio Attorney Donald L. Smith added to party Joseph Digregorio(pty:dft).(Smith, Donald) |
| Filing 36 MOTION/Petition for Court to Order US Marshal to Serve Summons on Added Defendants Binghamton and Lee without Cost to Him filed by Richard Maximus Strahan.Follow up on Objection on 5/20/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(de) |
| Filing 35 MOTION/Petition by FRCP Rule 45 to Issue Him Summons to Discover Address of Defendants Costin & Decker filed by Richard Maximus Strahan.Follow up on Objection on 5/20/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(de) (de). |
| Filing 34 MOTION to Dismiss for Failure to State a Claim filed by Joseph Digregorio.Follow up on Objection on 5/18/2022. 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)(Martin, Karyl) |
| Filing 33 MOTION to Dismiss for Failure to State a Claim filed by Cheri Patterson.Follow up on Objection on 5/18/2022. 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)(Aslin(NHAG), Christopher) |
| Filing 32 NOTICE of Mail Returned- Return to Sender - Unable to Forward re #25 Order on Motion to Dismiss, #26 Order on Motion to Stay, and #28 Order on Motion to Dismiss for Failure to State a Claim sent to Richard Maximus Strahan. (bf) |
| Filing 31 MOTION to Dismiss Amended Complaint filed by Patrick Costin, Sean OReilly.Follow up on Objection on 5/18/2022. 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)(Cullen, Brian) |
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ENDORSED ORDER denying without prejudice #26 Motion to Stay; denying without prejudice #25 Motion to Dismiss; denying without prejudice #28 Motion to Dismiss for Failure to State a Claim; denying without prejudice #29 Motion to Dismiss for Failure to State a Claim. Text of Order: Defendants Patrick Costin and Sean O'Reilly's motion to stay (doc. no. 26) is denied without prejudice to refiling if plaintiff files abusive or vexatious papers in this case. In light of plaintiff's Amended Complaint (doc. no. 30), the defendants' motions to dismiss (doc. nos. 25, 28, and 29) are denied without prejudice. LR 15.1(c). So Ordered by Chief Judge Landya B. McCafferty. (gla)
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| Filing 30 AMENDED COMPLAINT with Jury Demand filed by Richard Maximus Strahan.(de) |
| Filing 29 MOTION to Dismiss for Failure to State a Claim filed by Joseph Digregorio.Follow up on Objection on 4/12/2022. 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)(Martin, Karyl) |
| Filing 28 MOTION to Dismiss for Failure to State a Claim filed by Cheri Patterson.Follow up on Objection on 4/12/2022. 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 in Support of Motion to Dismiss)(Aslin(NHAG), Christopher) |
| Filing 27 NOTICE of Attorney Appearance by Christopher G Aslin(NHAG) on behalf of Cheri Patterson Attorney Christopher G Aslin(NHAG) added to party Cheri Patterson(pty:dft).(Aslin(NHAG), Christopher) |
| Filing 26 MOTION to Stay filed by Patrick Costin, Sean OReilly.Follow up on Objection on 4/12/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Cullen, Brian) |
| Filing 25 MOTION to Dismiss filed by Patrick Costin, Sean OReilly.Follow up on Objection on 4/12/2022. 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)(Cullen, Brian) |
| Filing 24 NOTICE of Attorney Appearance by Brian J.S. Cullen on behalf of Patrick Costin, Sean OReilly Attorney Brian J.S. Cullen added to party Patrick Costin(pty:dft), Attorney Brian J.S. Cullen added to party Sean OReilly(pty:dft).(Cullen, Brian) |
| Filing 23 NOTICE of Mail Returned- Attempted - Not Known; Unable to Forward re #16 Summons Returned Unexecuted, #17 Summons Returned Unexecuted, Order on Motion for Recusal, Order re #12 Notice, #18 Order on Motion for Temporary Restraining Order; Approving #5 Report and Recommendation, #19 Order re Service.(bf) |
| Filing 22 NOTICE of Mail Returned- Not Deliverable as Addressed, Unable to Forward re #5 REPORT AND RECOMMENDATION and #6 Order Directing Service.(bf) |
| Filing 21 NOTICE of Mail Returned- Attempted - Not Known; Unable to Forward re #9 Case Management Order, #8 Order on Motion for Miscellaneous Relief, Order on Motion for Miscellaneous Relief dated 3/4/22.(bf) |
| Filing 20 NOTICE of Attorney Appearance by Karyl Roberts Martin on behalf of Joseph Digregorio Attorney Karyl Roberts Martin added to party Joseph Digregorio(pty:dft).(Martin, Karyl) |
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Filing 19
ORDER Re: Service. To give Mr. Strahan an opportunity to provide this court with correct contact information for service of defendants Decker and Costin, the clerk's office is directed to mail two blank summonses to Mr. Strahan, bearing the case caption. Mr. Strahan is directed to complete those summonses with updated contact information for defendants Decker and Costin, and to file them in this case within fourteen days of the date of this Order. So Ordered by Magistrate Judge Andrea K. Johnstone.(de)
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Filing 18
ORDER denying #4 Motion for Temporary Restraining Order; approving #5 Report and Recommendation. So Ordered by Chief Judge Landya B. McCafferty.(de)
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ENDORSED ORDER re: #12 Notice. Text of Order: Reviewed. So Ordered by Magistrate Judge Andrea K. Johnstone.(de)
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ENDORSED ORDER denying #11 Motion for Recusal. Text of Order: Plaintiff's Motion to Recuse (11) is denied. Plaintiff has asserted no basis to demonstrate the court's lack of impartiality, nor does the court hold any personal bias or prejudice towards the plaintiff. See 28 U.S.C. 455. So Ordered by Magistrate Judge Andrea K. Johnstone.(de)
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| Filing 17 USM Return of Service - Summons Unexecuted as to Patrick Costin. "Mr. Costin is no longer employed at Newington Police Department."(de) |
| Filing 16 USM Return of Service - Summons Unexecuted as to James Decker. "James Decker retired from his job at the NH Department of Safety."(de) |
| Filing 15 US Marshal Service of Process re: #1 Complaint, served on 3/9/2022, on Sean O'Reilly.(de) |
| Filing 14 US Marshal Service of Process re: #1 Complaint, served on 3/8/2022, on Joseph Digregorio.(de) |
| Filing 13 US Marshal Service of Process re: #1 Complaint, served on 3/8/2022, on Cheri Patterson.(de) |
| Filing 12 NOTICE of to Judge Johnstone "Go to Hell" by Richard Maximus Strahan.(de) |
| Filing 11 Petition/MOTION for Recusal of Judge Johnstone filed by Richard Maximus Strahan.Follow up on Objection on 3/23/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(de) |
| Filing 10 NOTICE of Mail Returned - "Return to Sender, Recipient Not Found; Temporarily Away - Unable to Forward" re #5 REPORT AND RECOMMENDATION #6 Order Directing Service.(de) |
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Filing 9
CASE MANAGEMENT ORDER. Accordingly, Mr. Strahan is ordered to cease all telephonic communication with the Clerk's office. He may conduct case-related communication through the ECF inbox email address (ecfintake@nhd.uscourts.gov). If he violates this Order, or his future written communications or personal interactions with the court exhibit insulting, offensive, harassing content, Mr. Strahan will be subject to further sanction, including the dismissal of this case with prejudice. Any filings Mr. Strahan makes that include such content will be stricken from the docket. So Ordered by Magistrate Judge Andrea K. Johnstone.(de)
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Filing 8
ORDER denying without prejudice #7 Motion for ECF filing access. So Ordered by Magistrate Judge Andrea K. Johnstone.(de)
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ENDORSED ORDER denying as moot #3 Motion to have US Marshal Serve Summonses. Text of Order: In light of the court's order directing service of the complaint (6), plaintiff's motion to have the US Marshal Serve the Summonses (3) is denied as moot. So Ordered. So Ordered by Magistrate Judge Andrea K. Johnstone.(de)
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| Filing 7 MOTION for ECF Filing Access filed by Richard Maximus Strahan.Follow up on Objection on 3/14/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(de) |
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Filing 6
ORDER Directing Service; service as outlined within. So Ordered by Magistrate Judge Andrea K. Johnstone.(de)
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Filing 5
REPORT AND RECOMMENDATION re #4 Motion for Temporary Restraining Order recommending for the foregoing reasons plaintiff's motion for a TRO (Doc. No. 4) should be denied. 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. Follow up on Objections to R&R on 3/2/2022. 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.(de)
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ENDORSED ORDER re: #4 MOTION for Temporary Restraining Order. Text of Order: Plaintiff has requested a temporary restraining order (doc. no. 4). 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 Chief Judge Landya B. McCafferty.(de)
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| Filing 4 MOTION for Temporary Restraining Order filed by Richard Maximus Strahan. (ed) |
| Filing 3 MOTION to Have the US Marshall Serve the Summons filed by Richard Maximus Strahan. (ed) |
| Filing 2 MOTION to Proceed Without Prepayment of Fees or Costs filed by Richard Maximus Strahan. (ed) |
| Filing 1 Verified Amended COMPLAINT for Declaratory, Injunctive, Compensation Relief & Request for a Jury Trial against Patrick Costin, James Decker, Joseph Digregorio, Sean OReilly, Cheri Patterson with Jury Demand filed by Richard Maximus Strahan. (Attachments: #1 Cover Letter, #2 Civil Cover Sheet, #3 Envelope) (ed) |
| 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. (ed) |
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ENDORSED ORDER granting #2 Motion to Proceed Without Prepayment of Fees or Costs. Text of Order: Plaintiff's request to proceed without prepayment of fees or costs is hereby granted, but only for the purpose of waiving the filing fee. So Ordered by Magistrate Judge Daniel J. Lynch. (ed)
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| Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:22-cv-52-LM. Please show this number with the judge designation on all future pleadings. (ed) |
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