Amatucci v. Wolfeboro, NH, Town of et al
| Josephine Amatucci |
| Wolfeboro Town Manager, Wolfeboro, NH, Town of and Town of Wolfeboro Selectmen |
| 1:2024cv00284 |
| October 7, 2024 |
| US District Court for the District of New Hampshire |
| Steven J McAuliffe |
| Talesha L Saint-Marc |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| None |
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| Filing 10 AMENDED COMPLAINT against Town of Wolfeboro Selectmen, Wolfeboro Town Manager, Wolfeboro, NH, Town of filed by Josephine Amatucci. (Attachments: #1 Attachments)(lw) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS/WAIVER by Josephine Amatucci (Attachments: #1 Envelope)(ed) |
| Filing 8 REPORT AND RECOMMENDATION re: #1 Complaint, #2 Addendum, recommending the District Judge should dismiss this action for failure to state a claim upon which relief might be granted. Follow up on Objections to R&R on 12/5/2024. 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 Talesha L. Saint-Marc.(lw) |
| ENDORSED REPORT AND RECOMMENDATION re: #5 Motion for Summary Judgment, #6 Motion for Summary Judgment, #7 Motion for Summary Judgment. Mrs. Amatucci filed three motions for summary judgment (Doc. Nos. 5, 6 & 7). The district judge should deny the motions for the following reasons: 1) the motions are premature; the court's preliminary review is not completed, so no defendants have been served or appeared in this case; and 2) plaintiff has not demonstrated that no facts are in dispute and that she is entitled to judgment as a matter of law. The denials should be without prejudice to refiling after defendants have appeared and a sufficient evidentiary record is developed. Any objections to this Endorsed Report and Recommendation must be filed within fourteen days of receipt of this notice. See Fed. R. Civ. P. 72(b)(2). That period may be extended upon motion. Failure to file objections 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). Follow up on Objections to R&R on 12/3/2024. 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 Talesha L. Saint-Marc.(lw) |
| ENDORSED ORDER denying #3 Motion for Consolidation. Text of Order: Plaintiff's Motion to Consolidate (Doc. No. 3) is denied. Plaintiff asks the court to consolidate this case "with all pending cases against the town officials by the plaintiff." There are no open cases in this court involving this plaintiff and Wolfeboro town officials. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(lw) |
| Filing 7 MOTION for Summary Judgment as a Matter of Law filed by Josephine Amatucci.(lw) |
| Notice regarding #5 MOTION for Summary Judgment, #6 MOTION for Summary Judgment: Pursuant to Local Rule 72.1, this motion has been referred to Magistrate Judge Talesha L. Saint-Marc 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. (lw) |
| Filing 5 MOTION for Summary Judgment filed by Josephine Amatucci.(lw) |
| Filing 6 MOTION for Summary Judgment filed by Josephine Amatucci. (Attachments: #1 Addendum)(lw) |
| ENDORSED ORDER granting #4 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 US Magistrate Judge Talesha L. Saint-Marc.(ed) |
| Filing 4 MOTION to Proceed Without Prepayment of Fees or Costs filed by Josephine Amatucci.(ed) |
| Filing 3 MOTION for Consolidation filed by Josephine Amatucci.(ed) |
| Filing 2 Addendum to #1 Complaint by Josephine Amatucci. (Attachments: #1 Summons, #2 Envelope)(ed) |
| Application complete - case converted to a civil case. Case assigned to Judge Steven J. McAuliffe and US Magistrate Judge Talesha L. Saint-Marc. New case number is 1:24-cv-284-SM-TSM. Please show this number with the judge designation on all future pleadings. (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) |
| 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. Compliance Deadline set for 11/18/2024.(ed) |
| Filing 1 COMPLAINT (9173) against Town of Wolfeboro Selectmen, Wolfeboro Town Manager, Wolfeboro, NH, Town of filed by Josephine Amatucci.(ed) |
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