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Gray v. Perkins

United States District Court, D. New Hampshire

January 14, 2016

Jeffrey M. Gray
v.
John Perkins et al.

REPORT AND RECOMMENDATION

ANDREA K. JOHNSTONE, Magistrate Judge.

Plaintiff Jeffrey Gray, an inmate at the New Hampshire State Prison ("NHSP"), has filed two complaint addenda (doc. nos. 86 and 87) in this matter. Those pleadings are before the court for preliminary review, pursuant to 28 U.S.C. § 1915A(a), LR 4.3(d)(1), and this court's December 28, 2015, Order (doc. no. 85). In the complaint addenda, Gray seeks to add both claims and defendants to this action, as well as to make certain textual amendments to his previously filed complaint documents.

Discussion

I. Text Amendments

Plaintiff seeks to amend the text of Document No. 23, which is part of the complaint in this matter, as follows:

• Page 16, ¶¶ 47: "October 15, 2013, " is amended to "February 15, 2013, " and the unidentified "prison officials" referred to are Northern New Hampshire Correctional Facility ("NCF") Lt. McFarland, and NCF Sgt. Bigel, whose first names are unknown.
• Page 20, ¶ 60: "January 19, 2014, " is amended to "January 10, 2014."
• Page 26, ¶ 70: "April 28, 2014, " is amended to "April 18, 2014."
• Page 32, ¶ 77: the unidentified inmate law library worker referred to is Jason Czekalski.
• Page 57, ¶ 53: the unidentified DOC nurse is NHSP Nurse Donna Dufrene.

In an Order issued simultaneously with this Report and Recommendation (the "Simultaneous Order"), the court directs that Document No. 23 be amended to reflect the text substitutions listed above.

II. Claim 1[1]

In its May 7, 2015, Report and Recommendation ("May 7 R&R"), the court authorized service of the following claim, identified therein as Claim 1:

NHSP Librarian John Perkins and NHSP Corrections Officer ("C.O.") Roy Tripp retaliated against Gray for exercising his First Amendment right to petition the government for a redress of grievances by filing administrative grievances and this civil action, by barring Gray from the law library on and after August 29, 2014, and by ...

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