NH, State of v. Everett
| NH, State of |
| Joseph L. Everett |
| 1:2024cv00294 |
| September 19, 2024 |
| U.S. District Court for the District of New Hampshire |
| Andrea K Johnstone |
| Landya B McCafferty |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
Docket Report
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| Document Text |
|---|
| Filing 8 REPORT AND RECOMMENDATION re #1 Notice of Removal - New Case, #4 Motion to Remand, #7 Motion to Remand: Recommending that the district judge should remand the criminal case and dismiss this civil action in its entirety, without prejudice to Mr. Everett's ability to file a new civil action in an appropriate forum against appropriate defendants, seeking damages. Mr. Everett's claims in that case would be subject to preliminary review, as appropriate, see, e.g., 28 U.S.C. 1915(e)(2); LR 4.3(d)(1)-(3). So Ordered by US Magistrate Judge Andrea K Johnstone. Follow up on Objections to R&R on 11/21/2024. 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 7 MOTION to Remand filed by NH, State of.Follow up on Objection on 11/15/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Aspiras, Demetrio) |
| Filing 6 NOTICE of Attorney Appearance by Demetrio F. Aspiras, III on behalf of NH, State of Attorney Demetrio F. Aspiras, III added to party NH, State of(pty:pla).(Aspiras, Demetrio) |
| Filing 5 Request for Injunctive Relief, Amendment Request by Joseph L. Everett.(de) |
| Filing 4 MOTION to Remand filed by Joseph L. Everett.Follow up on Objection on 10/24/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(de) |
| ENDORSED ORDER granting #2 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 Andrea K Johnstone.(ed) |
| Filing 3 Addendum Notice of Removal to #1 Notice of Removal - New Case, by Joseph L. Everett. (Attachments: #1 Case Summary and Charging Documents, #2 State Court Documents)(ed) |
| Filing 2 MOTION to Proceed Without Prepayment of Fees or Costs filed by Joseph L. Everett.(ed) |
| Filing 1 NOTICE OF REMOVAL from NH Circuit Court, 9th Circuit, District - Milford, case number 458-2024-CR-00623 filed by Joseph L. Everett. Answer Follow Up on 10/10/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 10/3/2024. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(ed) |
| Case assigned to Chief Judge Landya B. McCafferty and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:24-cv-294-LM-AJ. 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. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE.(ed) |
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| Defendant: Joseph L. Everett | |
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| Plaintiff: NH, State of | |
| Represented By: | Demetrio F. Aspiras, III |
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