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Paul Blackmer v. Northern New Hampshire Correctional

December 14, 2012

PAUL BLACKMER
v.
NORTHERN NEW HAMPSHIRE CORRECTIONAL FACILITY, WARDEN, ET AL.*FN1



The opinion of the court was delivered by: Landya McCafferty United States Magistrate Judge

ORDER

Before the court are four motions filed by pro se prisoner Paul Blackmer: a motion to amend the exhibits to his complaint (doc. no. 3), a motion to extend time for filing an objection to a report and recommendation (doc. no. 11), a motion to amend his complaint (doc. no. 14), and a motion for the return of a copy of that motion to amend (doc. no. 16).

Background

Blackmer filed this action, along with a motion to proceed in forma pauperis, in September 2012. The complaint challenges the validity of Blackmer's conviction and sentence and additionally asserts that the defendant prison officials have violated Blackmer's federal constitutional rights by: ordering him to trim his beard, intercepting his inmate request slips, and finding him guilty of insubordination and disrespect.

This court, on September 18, 2012, issued a report and recommendation (doc. no. 8), recommending that the court deny the in forma pauperis application, pursuant to 28 U.S.C. § 1915(g), because this court previously had dismissed for failure to state a claim three or more actions filed by Blackmer, and Blackmer had not demonstrated that the exception for prisoners claiming imminent danger of serious physical harm applied in this case. See Report and Recommendation (doc. no.

8) (Sept. 18, 2012). On November 19, 2012, the district judge approved that report and recommendation and ordered Blackmer, by December 19, 2012, to pay the filing fee. Blackmer has not yet paid the fee. Four motions remain pending at this time, and those motions are addressed seriatim.

Discussion

I. Motions to Amend

Blackmer has filed two motions seeking leave to amend his complaint (doc. nos. 3 and 14). The first motion (doc. no. 3) seeks leave to add exhibits to his pleadings. The second motion (doc. no. 14) seeks leave to add the following list of New Hampshire Department of Corrections ("DOC") employees or officials as defendants: New Hampshire State Prison Warden Richard Gerry, Lester Eldridge, Chris Kench, P. Roberts, Darnell

A. Bacon, Jon Fouts, First Name Unknown ("FNU") McGrath, FNU Marden, FNU Sullivan, and FNU Havlock. That motion also alleges that: (1) defendants have denied Blackmer access to the courts by seizing his legal papers and restricting his ability to make copies; (2) defendants have violated his First, Eighth, and Fourteenth Amendment rights by placing him in punitive segregation in retaliation for his refusal to shave and for his use of words deemed disrespectful by prison officials; and (3) defendants are incarcerating him unlawfully, insofar as Blackmer maintains that his conviction and sentence were unlawful.

Pursuant to Fed. R. Civ. P. 15(a), motions for leave to amend a complaint should be freely granted, as justice requires. The court finds that the interests of justice and judicial efficiency are promoted by granting both motions to amend the complaint at this time, so that all claims Blackmer seeks to assert in this case may be asserted in one action. Accordingly, both motions to amend (doc. nos. 3 and 14) are granted.

II. Motion to Extend Time

On October 30, 2012, Blackmer filed a motion (doc. no. 11), seeking to extend time to file a response to the September 18, 2012, report and recommendation (doc. no. 8). Before this court ruled on that motion, Blackmer timely objected to the report and recommendation, see Obj. (doc. no. 13), and the district judge, thereafter, approved that report and recommendation, ...


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