REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . Plaintiff Sorreda Transport, LLC, ("Sorreda Transport" or "Plaintiff") seeks review of a final order of the United States Department of Transportation's Federal Motor Carrier Safety Administration ("FMCSA" or "Defendant") in which the FMCSA affirmed its "unsatisfactory" safety rating of Sorreda Transport. On December 12, 2019, Sorreda Transport filed a complaint (Doc. No. 1) and an ex parte motion for a temporary...
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . Bruce Scott Moore II challenges the denial of his application for disability insurance benefits pursuant to 42 U.S.C. 405(g). He contends that the Administrative Law Judge ("ALJ") improperly evaluated medical opinions in his record. The Commissioner, in turn, moves for an order affirming the ALJ's decision. Finding no reversible error, the court recommends that the district judge deny Moore's motion and grant the...
MEMORADUM OPINION & ORDER Joseph N. Laplante , United States District Court . This is an insurance subrogation action in which the court's jurisdiction hinges on the plaintiff's ability to substitute a necessary party well after the statute of limitations for that party's claims has run. In 2018, Continental Western Insurance Co., an Iowa company declaring itself to be the insurance subrogee for a New Hampshire hotel, filed a lawsuit against Superior Fire Protection Co., LLC, a New...
PLAINTIFF'S OBJECTION TO THE DEFENDANT'S MOTION TO DISMISS, ALONG WITH THE PLAINTIFF'S AFFIRMITAVE DEFENSE, AND REQUEST FOR A HEARING ON THE MERITS AS TO WEATHER WHEN THE TRIAL COURT (ROCHESTER DISTRICT) FOUND THE PLAINTIFF — NOT — GUILTY — THE TRIAL COURT (ROCHESTER DISTRICT) HAD A LEGAL DUTY TO MAKE THE PLAINTIFF HOLE AGAIN BY STRIKING / REMOVING ANY HEARSAY EVIDENCE THAT WAS IN THE TRIAL COURT RECORD IN ANY CRIMINAL COURT PROCEDING WITHIN THE STATE OF NEW HAMPSHIRE. LANDYA B. MCCAFFERTY ,...
ORDER PAUL BARBADORO , District Judge . No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated November 19, 2019. "`[O]nly those issues fairly raised by the objections to the magistrate's report are subject to review in the district court and those not preserved by such objection are precluded on appeal.'" School Union No. 37 v. United Nat'l Ins. Co. , 617 F.3d 554 , 564 (1st Cir. 2010) ( quoting Keating v. Secretary...
ORDER STEVEN J. MCAULIFFE , District Judge . After due consideration of the objection filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated December 2, 2019, for the reasons set forth therein.
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . This court's September 30, 2019 Order granted plaintiff Lamont Paige's motion to amend the complaint (Doc. No. 19 ), in which Paige sought leave to add a demand for money damages to this action, and to add new claims for damages against the current Federal Correctional Institution, Berlin, New Hampshire ("FCI-Berlin") chaplain, Mr. Thompson, and existing defendant FCI-Berlin Warden Robert Hazlewood. The September 30, 2019...
ORDER Joseph A. DiClerico, Jr. , United States District Judge . Anthony K. Heath brought this action against Helen Hanks, Commissioner of the New Hampshire Department of Corrections; Deborah Robinson, Administrator of the Secure Psychiatric Unit ("SPU") at the New Hampshire State Prison; Jeffrey Meyers, Commissioner of the New Hampshire Department of Health and Human Services; Alexander de Nesnara, M.D., Chief Medical Officer at the New Hampshire Hospital ("NHH"); and Robert MacLeod,...
ORDER PAUL BARBADORO , District Judge . After due consideration of the objections filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated November 22, 2019.
REPORT AND RECOMMENDATION 2 ANDREA K. JOHNSTONE , Magistrate Judge . Plaintiffs, David Mabardy and Edythe Murphy, have filed an amended complaint (Doc. No. 40), which is the operative complaint in this action, 3 asserting violations of their rights under the United States Constitution and state law. In addition, Plaintiffs have filed the following documents, which they have identified as exhibits to the amended complaint, or which contain factual assertions which the court construes to...
ORDER LANDYA McCAFFERTY , District Judge . Plaintiff Brown Massaquoi brings this employment discrimination suit against his former employers, 20 Maitland Street Operations LLC d/b/a Harris Hill Center ("Harris Hill") and Genesis HealthCare, LLC ("Genesis") (collectively "defendants"). Defendants move for summary judgment on all Massaquoi's claims. Doc. no. 26. Massaquoi objects. On December 6, 2019, the court heard oral argument on defendants' motion. After hearing the parties' arguments,...
ORDER STEVEN J. McAULIFFE , District Judge . Defendant moves to suppress evidence found in a backpack in his possession when he was arrested on an outstanding warrant, as well as derivative evidence. He contends that the backpack was searched without a warrant, and the search was not otherwise reasonable under any recognized exception to the Fourth Amendment's warrant requirement. The government objects, arguing that the warrantless search was plainly lawful under the "search incident to...
ORDER STEVEN J. McAULIFFE , District Judge . Pursuant to 42 U.S.C. 405(g), claimant, Ioulia Kourtis, seeks judicial review of denial of her claim for disability insurance benefits. The Commissioner of the Social Security Administration has moved to dismiss the claimant's complaint as untimely. Fed. R. of Civil Procedure 12(b)(6). Claimant has not filed any response to the Commissioner's motion. Standard of Review When ruling on a motion to dismiss under Fed. R. Civ. P. 12(b)(6), the...
ORDER JOSEPH A. DiCLERICO, JR. , District Judge . As discussed in the court's prior orders, this case involves disputes among Chester and Barbara Gray's three children, Skip, Scott, and Evan Gray. 1 Evan brought suit against Skip as executor of the CLG Estate, as sole trustee of the CLG Trust, and as co-trustee of the BJG Trust. In his Amended Complaint, Evan alleges that Chester, prior to his death, breached his fiduciary duties while he was trustee of the BJG Trust (Counts 1 and 2)....
ORDER STEVEN J. McAULIFFE , District Judge . Nearly 20 years ago, in February of 2000, Kenneth Hart was convicted in state court of two counts of aggravated felonious sexual assault, witness tampering, and resisting arrest. He was sentenced to serve 10 to 20 years in prison on the sexual assault convictions, with suspended sentences on the remaining convictions. He brings this habeas corpus petition asserting that he is entitled to "relief from his wrongful conviction" on grounds that: (1)...
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . Plaintiff Nancy Pratt, appearing pro se, seeks monetary, declaratory and injunctive relief against the Town of Kingston, New Hampshire ("the Town") and its tax assessor, Fred Smith. Pratt claims the defendants violated her state and federal statutory and constitutional rights by improperly assessing her garage for purposes of calculating local property taxes. The district judge has referred the defendants' motions to...
ORDER STEVEN J. McAULIFFE , District Judge . After due consideration of the objection filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated November 14, 2019, for the reasons stated therein. The clerk of court shall enter judgment and close the case. So Ordered.
MEMORANDUM AND ORDER PAUL J. BARBADORO , District Judge . Melissa Liberi moves to reverse the decision of the Commissioner of the Social Security Administration ("SSA") to deny her applications for Social Security disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 423, and for supplemental security income ("SSI") under Title XVI, 42 U.S.C. 1382. The Commissioner, in turn, moves for an order affirming his decision. For the reasons that follow,...
ORDER PAUL J. BARBADORO , District Judge . Before this Court is FCI-Berlin inmate Kevin Hiller's memorandum (Doc. No. 13 ), filed in response to the October 22, 2019 Order in this case, granting Hiller leave to file an amended Rule 59(e) motion seeking to reopen the judgment. In considering the instant memorandum (Doc. No. 13 ), in the context of reviewing the evidence filed by the respondent Warden in support of the motion for summary judgment that this Court granted, see Oct. 8,...
ORDER ANDREA K. JOHNSTONE , Magistrate Judge . Before the court is plaintiff Robert Arias's motion to appoint counsel (Doc. No. 35). The defendants have notified the court that they take no position on the motion. See Defs.' Nov. 13, 2019 Resp. (Doc. No. 36). "There is no absolute constitutional right to a free lawyer in a civil case." DesRosiers v. Moran , 949 F.3d 15, 23 (1st Cir. 1991). Indeed, the statute authorizing the appointment of counsel in civil cases filed in forma...
