Gigliotti v. Northern NH Correctional Facility et al
| Cody Gigliotti |
| Northern NH Correctional Facility, FNU Nadeau and FNU Sweat |
| NH Department of Corrections - Notice Only - Civil (Court Use Only) and NH Attorney General - Notice Only - Civil (Court Use Only) |
| 1:2024cv00009 |
| January 8, 2024 |
| US District Court for the District of New Hampshire |
| Joseph N Laplante |
| Talesha L Saint-Marc |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1983 Civil Rights |
| None |
Docket Report
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Filing 30
ORDER to Transport Cody Gigliotti on 4/4/2024 for Preliminary Pretrial Conference from Northern NH Correctional Facility (Berlin). (bd)
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| NOTICE OF PRETRIAL CONFERENCE. If the preliminary pretrial conference is not canceled, at least one counsel for each party will be required to attend. When counsel file their Joint Discovery Plan in accordance with Fed. R. Civ. P. 26(f), they shall agree to a summary judgment deadline which falls after the close of discovery, but at least 120 days before the Final Pretrial Conference. Pretrial Conference set for 4/4/2024 11:00 AM before US Magistrate Judge Talesha L. Saint-Marc. Follow up on Discovery Plan 3/28/2024. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences. (bd) |
| Filing 29 ANSWER to #1 Complaint by FNU Nadeau, FNU Sweat.(Raymond, Laura) |
| ENDORSED ORDER cancelling 3/6/2024 Motion Hearing, vacating #15 Order to Transport; denying as moot #18 Motion to Transfer Witness; denying as moot #25 Motion for Subpoena; and denying as moot #27 Motion to Obtain Eveadence. Text of Order: In light of the Report and Recommendation issued this date, the March 6, 2024 hearing scheduled on the pending motion for preliminary injunction is cancelled and the related transport order (Doc. No. #15 ) is vacated. Further, Mr. Gigliotti's motion to transfer witness (Doc. No. #18 ), motion to subpoena evidence (Doc. No. #25 ), and motion to obtain evidence (Doc. No.[ 27]) are DENIED as moot, without prejudice to Mr. Gigliotti's ability to seek discovery or subpoenas, as appropriate, at a later stage of this case. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(jb) |
| ENDORSED REPORT AND RECOMMENDATION re #2 Motion for Emergency Injunctive Order and #19 Motion to Compel. Text of Order: Plaintiff Cody Gigliotti filed two motions seeking preliminary injunctive relief (Doc. Nos. #2 , #19 ) asking the Court to issue an order to the defendants to separate Mr. Gigliotti from another prisoner, Gary Chalifoux. The defendants have now filed an objection (Doc. No. #23 ) to Mr. Gigliotti's request for an injunction asserting, in relevant part, that Mr. Gigliotti has been moved to a housing unit away from Mr. Chalifoux and is now completely segregated from Chalifoux and will remain so until NCF finds a new housing assignment, in which [Mr. Gigliotti] will have no contact with Chalifoux. Doc. No. #23 -1, at 7; Decl. of John R. Nadeau (Doc. No. #23 -2) 17. Because the prison has now taken the specific action Mr. Gigliotti asked the Court to direct, there is no need for a court order for Mr. Gigliotti to obtain the relief he sought in his motions for injunctive relief. Accordingly, and without any comment on the other grounds for the defendants' objection to injunctive relief, the undersigned Magistrate Judge recommends that the District Judge deny Mr. Gigliotti's motions for preliminary injunction (Doc. Nos. #2 , #19 ) as moot, without prejudice to Mr. Gigliotti's ability to file a new motion seeking similar relief should the prison again house him in proximity to Mr. Chalifoux. 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. Failure to file any objection within the specified time waives the right to appeal the District Court's Order. See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cit. 2016). Only those issues raised in the written objections are subject to review in the district court, and any issues not preserved by such objection are precluded on appeal. Id. (citations omitted). So Ordered by US Magistrate Judge Talesha L. Saint-Marc. Follow up on Objections to R&R on 3/08/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(jb) |
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ENDORSED ORDER denying #24 Motion to Object to #5 Report and Recommendation. Text of Order: The Court has reviewed Plaintiff's Motion to Object to the Report and Recommendation (Doc. No. #24 ), and finds that nothing in that document would have altered the Court's decision to approve the Report & Recommendation (Doc. No. #5 ) (R&R). See Feb. 8, 2024 Order (approving Jan. 11, 2024 R&R). Further, nothing in the plaintiff's motion explains why the plaintiff did not file a timely objection to the previous R&R. Document No. #24 is DENIED to the extent it seeks to vacate the Court's order approving the R&R. However, in light of the plaintiff's pro se status, in an abundance of caution, the Court will construe Document No. #24 as a complaint addendum, and the Clerk's office is directed to refer it to the Magistrate Judge for preliminary review. The Magistrate Judge will determine whether or not the statements in Document No. #24 are sufficient to add a new claim to the claims already going forward in this case. So Ordered by Judge Joseph N. Laplante.(jb)
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Filing 28
ORDER granting #16 Application to Proceed Without Prepayment of Fees or Costs as to Cody Gigliotti, initial fee of $9.25. 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 L. Saint-Marc.Finance Follow Up Deadline 4/16/2024(mc)
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| Filing 27 MOTION to Obtain Eveadence filed by Cody Gigliotti.Follow up on Objection on 2/29/2024. 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 Envelope)(jb) |
| Filing 26 OBJECTION to #22 MOTION to Extend Time to Object/Respond to #2 MOTION for Preliminary Injunction to February 13, 2024 filed by Cody Gigliotti. (Attachments: #1 Envelope)(jb) |
| Filing 25 MOTION to Subpoena Evidence filed by Cody Gigliotti.Follow up on Objection on 2/27/2024. 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 Envelope)(jb) |
| Filing 24 Motion to Object to #5 Report and Recommendation filed by Cody Gigliotti. (Attachments: #1 Envelope)(jb) |
| Filing 23 OBJECTION to #2 MOTION for Preliminary Injunction filed by FNU Nadeau, Northern NH Correctional Facility, FNU Sweat. Attorney Laura Raymond added to party Northern NH Correctional Facility(pty:dft). Follow up on Reply on 2/20/2024. 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 Objection, #2 Exhibit (Affidavit) Declaration of John Nadeau, #3 Exhibit Inmate Request Slips (1 of 5), #4 Exhibit Inmate Request Slips (2 of 5), #5 Exhibit Inmate Request Slips (3 of 5), #6 Exhibit Inmate Request Slips (4 of 5), #7 Exhibit Inmate Request Slips (5 of 5), #8 Exhibit January 4, 2024 Incident Report and Inmate Statement)(Raymond, Laura) |
| ENDORSED ORDER granting #22 Motion to Extend Time to Object/Respond to #2 Motion for Preliminary Injunction to February 13, 2024. Text of Order: Granted. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.Follow up on Objection on 2/13/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(jb) |
| Filing 22 MOTION to Extend Time to Object/Respond to #2 MOTION for Preliminary Injunction to February 13, 2024 filed by FNU Nadeau.Follow up on Objection on 2/22/2024. 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 Plaintiff Cody Gigliotti's Signed Statement dated February 1, 2024)(Raymond, Laura) |
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Filing 21
///ORDER approving #5 Report and Recommendation re #1 Complaint. So Ordered by Judge Joseph N. Laplante.(jb)
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Filing 20
Replaced by doc. no. #21 - ///ORDER approving #5 Report and Recommendation re #1 Complaint. So Ordered by Judge Joseph N. Laplante.(jb) Modified on 2/8/2024 to add replaced text (jb).
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| Filing 19 MOTION to Compel filed by Cody Gigliotti.Follow up on Objection on 2/21/2024. (Attachments: #1 Envelope)(jb) |
| Filing 18 MOTION to Transfer Witness filed by Cody Gigliotti.Follow up on Objection on 2/21/2024. (Attachments: #1 Envelope)(jb) |
| Filing 17 Letter to Court from Cody Gigliotti re: Statement Under Duress (Attachments: #1 Envelope) (jb) |
| Filing 16 MOTION to Proceed Without Prepayment of Fees or Costs filed by Cody Gigliotti.(mc) |
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Filing 15
ORDER to Transport Cody Gigliotti on 3/6/2024 for Motion Hearing from Northern NH Correctional Facility (Berlin). (bd)
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Filing 14
ORDER re #2 Motion for Emergency Injunctive Order. Motion Hearing set for 3/6/2024 at 10:00 AM before US Magistrate Judge Talesha L. Saint-Marc. Defendants to file written response to motion on or before February 9, 2024. Parties to exchange discovery and witness and evidence lists as outlined on or before February 12, 2024. Defendants to determine witness availability without a subpoena as outlined by February 20, 2024. Plaintiff's brief statement re witness's testimony as outlined by February 27, 2024. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(jb)
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| Filing 13 NOTICE of Attorney Appearance by Samuel R. V. Garland on behalf of FNU Nadeau Attorney Samuel R. V. Garland added to party FNU Nadeau(pty:dft).(Garland, Samuel) |
| Filing 12 NOTICE of Attorney Appearance by Laura Raymond on behalf of FNU Nadeau Attorney Laura Raymond added to party FNU Nadeau(pty:dft).(Raymond, Laura) |
| Filing 11 NOTICE of Attorney Appearance by Samuel R. V. Garland on behalf of FNU Sweat Attorney Samuel R. V. Garland added to party FNU Sweat(pty:dft).(Garland, Samuel) |
| Filing 10 NOTICE of Attorney Appearance by Laura Raymond on behalf of FNU Sweat Attorney Laura Raymond added to party FNU Sweat(pty:dft).(Raymond, Laura) |
| Minute Entry for proceedings held before US Magistrate Judge Talesha L. Saint-Marc. CASE MANAGEMENT CONFERENCE held via video on 1/22/2024. Scheduling order to issue. (Court Reporter: Liza Dubois) (Pltfs Atty: Cody Gigliotti, Pro Se) (Defts Atty: Laura Raymond, Samuel R. V. Garland)(Total Hearing Time: 16 Min) (bd) |
| NOTICE of Conference. Case Management Conference set VIA VIDEO for 1/22/2024 10:00 AM before US Magistrate Judge Talesha L. Saint-Marc. (bd) |
| Filing 9 Certificate of Custodial Institution re: #3 Prisoner Consent Form by Cody Gigliotti. (Attachments: #1 Trust Account Statement) (mc) |
| Filing 8 NOTICE: The court has issued a ruling on preliminary review and ordered the complaint (attached) 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 2/12/2024. 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 Motion for Emergency Injunctive, #2 Report and Recommendation, #3 Order re Motion for Injunctive Relief, #4 Service Order) A case management conference notice will be docketed as soon as a date has been secured. (ko) |
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Filing 7
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. (ko)
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Filing 6
ORDER re #2 Motion for Preliminary Injunction. This court directs the pro se plaintiff and counsel from the N.H. Attorney General's Office ("AG's Office") to appear for a case management conference, via video or in person, on a date and time to be scheduled by the clerk's office. The AG's Office is requested to provide the court with contact information for the attorney who will participate in that case management conference, at the AG Office's earliest convenience. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(ko)
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| Filing 5 ///REPORT AND RECOMMENDATION re #1 Complaint, recommending the district judge should dismiss all of Mr. Gigliotti's claims asserted against the NCF, all of his claims for damages asserted against defendants in their official capacities, and all of his First Amendment and Fifth Amendment claims asserted against any defendant. Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. Fed. R. Civ. P. 72(b)(2). So Ordered by US Magistrate Judge Talesha L. Saint-Marc. Follow up on Objections to R&R on 1/25/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (ko) Modified on 2/8/2024 to add ///: (jb). |
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ENDORSED ORDER re #2 MOTION for Emergency Injunctive Order. Text of Order: Plaintiff has moved for preliminary injunctive relief (Doc. No. #2 ). The magistrate judge is designated to consider the motion 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 Joseph N. Laplante.(jb)
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| Filing 4 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. Compliance Deadline set for 3/11/2024. (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) |
| Filing 3 PRISONER CONSENT FORM filed by Cody Gigliotti. (mc) |
| Filing 2 MOTION for Emergency Injunctive Order filed by Cody Gigliotti.(mc) |
| Filing 1 COMPLAINT against FNU Nadeau, Northern NH Correctional Facility, FNU Sweat filed by Cody Gigliotti. (Attachments: #1 Summons)(mc) |
| Case assigned to Judge Joseph N. Laplante and US Magistrate Judge Talesha L. Saint-Marc. The case designation is: 1:24-cv-09-JL-TSM. Please show this number with the judge designation on all future pleadings. (mc) |
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