Chandler v. NH, State of et al
| Scott-Francis Chandler |
| NH, State of, NH Municipal Association, NH Bar Association and Foreign Corporation Agents |
| 1:2022cv00373 |
| September 20, 2022 |
| US District Court for the District of New Hampshire |
| Andrea K Johnstone |
| Joseph N Laplante |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 10, 2022. A more recent docket listing may be available from PACER.
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| Filing 5 REPORT AND RECOMMENDATION re #1 Complaint, recommending the district judge should dismiss Mr. Chandler's complaint (Doc. No. 1) for lack of subject matter jurisdiction, or, in the alternative, pursuant to the Colorado River and/or Younger abstention doctrines. Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. Follow up on Objections to R&R on 11/28/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). So Ordered by US Magistrate Judge Andrea K Johnstone.(ko) |
ENDORSED ORDER denying #2 Ex Parte and Emergency Motion to Stay. Text of Order: The plaintiff has filed a motion (Doc. No. 2), seeking a temporary restraining order (TRO), providing him with housing, enjoining a state prosecution in which he is the defendant, State v. Chandler, No. 431-2020-cr-1698 (N.H. Cir. Ct., Dist. Div.- Derry), and assuming jurisdiction over his claims. A bench trial in the criminal case is scheduled for October 4, 2022. Under Younger v. Harris, 401 U.S. 37 (1971), absent extraordinary circumstances, federal courts must abstain from enjoining ongoing state criminal proceedings, so long as the state case affords an adequate opportunity to raise the federal defense and abstention will not cause irreparable harm. See Sirva Relocation, LLC v. Richie, 794 F.3d 185, 191-92 (1st Cir. 2015). Plaintiff has not demonstrated that any exception to Younger abstention applies to his case. Furthermore, plaintiff has not demonstrated that he is likely to suffer any immediate and irreparable harm before any defendant may be heard in response to his claims. See Fed. R. Civ. P. 65(b). Accordingly, the TRO motion (Doc. No. 2) is DENIED. As it appears that plaintiff asserts claims that may not be barred by the Younger abstention doctrine, the court retains jurisdiction over this matter pending completion of preliminary review under 28 U.S.C. 1915(e)(2). So Ordered by Judge Joseph N. Laplante.(ko)
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ENDORSED ORDER granting #3 Application 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.(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 #HERE. (mc) |
| Filing 3 MOTION to Proceed Without Prepayment of Fees or Costs filed by Scott-Francis Chandler.(mc) |
| Filing 2 Ex-Parte and Emergency MOTION to Stay filed by Scott-Francis Chandler. (mc) |
| Filing 1 COMPLAINT against Foreign Corporation Agents, NH Bar Association, NH Municipal Association, NH, State of with Jury Demand filed by Scott-Francis Chandler. (Attachments: #1 Addendum to Complaint, #2 Civil Cover Sheet)(mc) |
| Case assigned to Judge Joseph N. Laplante. The case designation is: 1:22-cv-373-JL. Please show this number with the judge designation on all future pleadings. (mc) |
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