Doiron v. NH Department of Corrections, Commissioner et al
| Arthur Doiron |
| NH Department of Corrections, Commissioner, Medical and Forensic Services, Director, Heidi Guinan and FNU Sharp |
| NH Department of Corrections - Notice Only - Civil (Court Use Only) and NH Attorney General - Notice Only - Civil (Court Use Only) |
| 1:2022cv00400 |
| October 5, 2022 |
| US District Court for the District of New Hampshire |
| Samantha D Elliott |
| Andrea K Johnstone |
| Prisoner - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 4, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Civil Case Terminated. (lw) |
| ENDORSED ORDER re: #4 Motion to Withdraw #1 Complaint. Text of Order: Plaintiff Arthur Doiron has filed a motion (Doc. No. 4) to withdraw the complaint and motion for preliminary injunction he filed in this case. Federal Rule of Civil Procedure 41(a)(1)(A)(i) allows the plaintiff to dismiss this action without a court order where, as here, he files a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. The Court, therefore, construes Mr. Doiron's motion as a Notice of Dismissal sufficient to dismiss this case without a court order. The Clerk's office is directed to terminate this case as voluntarily dismissed. So Ordered by US Magistrate Judge Andrea K Johnstone.(lw) |
| Filing 4 MOTION to Withdraw #1 Complaint filed by Arthur Doiron.(lw) |
| ENDORSED REPORT AND RECOMMENDATION re: #2 Motion for Preliminary Injunction. Plaintiff Arthur Doiron has filed a motion for a preliminary injunction (Doc. No. 2) asking the Court to enjoin his medically-assisted-treatment ("MAT") providers at the New Hampshire State Prison ("NHSP") from reducing his buprenorphine prescription. To obtain a preliminary injunction, Mr. Doiron must demonstrate that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest. The first two factors are the most important. Together Emps. v. Mass. Gen. Brigham Inc., 32 F.4th 82, 85 (1st Cir. 2022). Mr. Doiron asserts that on September 30, 2022, a physician at the NHSP halved his buprenorphine dosage, and that as a result, he has been, and presently is, suffering acute withdrawal symptoms and [e]ffects. Doc. No. 2, at 5. To succeed in this action, Mr. Doiron has to have exhausted all of the administrative remedies available to him at the NHSP for this claim before filing this action. See 42 U.S.C. 1997e(a). Mr. Doiron filed this action on October 4, 2022. It is nearly impossible that Mr. Doiron was able to fully exhaust all of the administrative remedies available to him in the four days between the halving of his prescription and filing this action. Further, although he claims his withdrawal symptoms constitute irreparable harm, he does so conclusorily, without any explanation as to how, in light of the fact that his prescription has been reduced but not eliminated, and that he has access to medical care, he will be irreparably harmed unless the Court grants his request for an injunction. Accordingly, the District Judge should deny Mr. Doiron's motion for a preliminary injunction (Doc. No. 2). 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 any objection within fourteen days waives the right to appeal the district court's order as to the issues therein. See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016). Follow up on Objections to R&R on 10/21/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). So Ordered by US Magistrate Judge Andrea K Johnstone.(lw) |
| Filing 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: Application to Proceed Without Prepayment of Fees or Costs, Certificate of Custodial Institution, and Prisoner Consent Form. Compliance Deadline set for 12/5/2022.(mc) |
| Filing 2 MOTION for Preliminary Injunction filed by Arthur Doiron.(mc) |
| Filing 1 COMPLAINT against Heidi Guinan, Medical and Forensic Services, Director, NH Department of Corrections, Commissioner, FNU Sharp filed by Arthur Doiron.(mc) |
| Case assigned to Judge Samantha D. Elliott. The case designation is: 1:22-cv-400-SE. Please show this number with the judge designation on all future pleadings. (mc) |
| 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) |
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