United States District Court, D. New Hampshire
Neilson Dain Fletcher, Kevin McClure, John Sirsi, Todd Klink, Charle Denver Phillips, and Chris Osterloth,
United States of America, Federal Bureau of Prisons, Federal Correctional Institution-Berlin Warden Esker Lee Tatum, Clint L. Cranford, FNU Bailey, FNU Johnson, Federal Correction Institution-Safford Warden Susan McClintock, S. Warner, and John Doe
Neilson Dain Fletcher, Plaintiff, Pro Se.
REPORT AND RECOMMENDATION
K. JOHNSTONE, Magistrate Judge.
Dain Fletcher, an inmate at the Federal Correctional
Institution ("FCI") in Berlin, New Hampshire, has
filed a complaint (doc. no. 1) seeking damages and injunctive
relief. The complaint is before the court for preliminary
review under 28 U.S.C. Â§Â§ 1915A and 1915(e)(2), and LR
purposes of this court's preliminary review under 28
U.S.C. Â§Â§ 1915A, 1915(e)(2), and LR 4.3(d), the court
construes pro se pleadings liberally in determining whether
the plaintiff has stated a claim. See Erickson v.
Pardus, 551 U.S. 89, 94 (2007). Disregarding legal
conclusions, the court considers whether the factual content
in the pleading and inferences reasonably drawn therefrom,
taken as true, state a claim to relief. Hernandez-Cuevas
v. Taylor, 723 F.3d 91, 102-03 (1st Cir. 2013) (citing
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)).
asserts that in 2014, while he was an inmate at FCI Safford
in Arizona, defendants instituted disciplinary proceedings
against him in a manner he asserts violated his federal
constitutional rights, violated his rights under the
Religious Land Use and Institutional Persons Act
("RLUIPA"), and rendered defendants liable to him
for tortious conduct. The acts forming the basis of
Fletcher's claims all occurred in Arizona, during his
incarceration at a Federal Bureau of Prisons facility in that
]Plaintiffs Other Than Fletcher
Complaint (doc. no. 1) lists, in addition to Fletcher, Kevin
McClure, John Sirsi, Todd Klink, Charle Denver Phillips, and
Chris Osterloth as plaintiffs. Fletcher, however, is the only
plaintiff who signed the complaint. Fletcher is litigating
this matter pro se.
only person to have signed the complaint, Fletcher is the
only person who may be deemed to be a plaintiff at this time.
See Fed.R.Civ.P. 11(a) (requiring personal signature of
unrepresented party on each filing). Further, in this court,
pro se plaintiffs cannot litigate on behalf of others. See 28
U.S.C. Â§ 1654; LR 83.2(d). Accordingly, Fletcher cannot
advance claims on behalf of McClure, Sirsi, Klink, Phillips,
or Osterloth. All claims asserted on behalf of McClure,
Sirsi, Klink, Phillips, or Osterloth, should be dismissed
without prejudice, and those parties should be dropped from
has named FCI Berlin Warden Esker Tatum as a defendant.
Fletcher has not alleged facts, however, giving rise to
claims against Tatum, or any other FCI Berlin employee.
Accordingly, the claims against Tatum in the ...