United States District Court, D. New Hampshire
John R. Griffin, Jr.
Joseph P. Nadeau and New Hampshire Department of Corrections
REPORT AND RECOMMENDATION
K. Johnstone United States Magistrate Judge
the court for preliminary review, pursuant to 28 U.S.C.
§ 1915(e)(2), 28 U.S.C. § 1915A, and LR 4.3(d)(1),
is plaintiff John R. Griffin, Jr.'s complaint (Doc. No.
1) asserting claims against the New Hampshire Department of
Corrections (“DOC”) and Joseph P. Nadeau, a
member of the New Hampshire Adult Parole Board
magistrate judge in this court conducts a preliminary review
of prisoner complaints filed in forma pauperis. See
LR 4.3(d)(1). The magistrate judge may recommend to the
district judge that claims be dismissed if, among other
things, the court lacks jurisdiction, a defendant is immune
from the relief sought, or the complaint fails to state a
claim upon which relief may be granted. See 28
U.S.C. §§ 1915(e)(2), 1915A(b)(1); LR 4.3(d)(1)(A).
In conducting its preliminary review, the court construes pro
se complaints liberally. See Erickson v. Pardus, 551
U.S. 89, 94 (2007) (per curiam). The complaint must contain
“sufficient factual matter, accepted as true, to
‘state a claim to relief.'” See Ashcroft
v. Iqbal, 556 U.S. 662, 678 (2009) (citation omitted).
March 2016, Griffin was paroled to the community from a
sentence he had been serving, imposed pursuant to an
underlying state conviction. See Doc. No. 1, at 11.
While on parole, in May 2016, Griffin mailed a letter
(“May 2016 Letter”), addressed to a prosecutor at
the Hillsborough County Attorney's Office. See
Doc. No. 1, at 11. The May 2016 Letter was considered, by the
recipient or her supervisor, to be threatening. See
on parole, Griffin had lived at a residence called
“Helping Hands, ” until he was evicted on May 10,
2016. See Id. Griffin was arrested for parole
violations on June 1, 2016. See id. On June 7, 2016,
defendant Joseph P. Nadeau, a member of the New Hampshire
Adult Parole Board (“APB”), issued a warrant for
Griffin's arrest for those parole violations. See
appeared personally and through counsel at the June 21, 2016
parole revocation hearing. See Doc. No. 1, at 12. A
three-member panel of the APB, including defendant Nadeau,
revoked Griffin's parole upon finding that he had failed
to be “of good behavior, ” N.H. Admin. R. Par
401.02(b)(7), and that he had not obtained his parole
officer's permission before changing his residence,
id. at 401.20(b)(3). See Doc. No. 1, at 12.
asserts the following claims in this action, under 42 U.S.C.
1. Defendant Joseph Nadeau conspired to have Griffin
prosecuted for a parole violation, in retaliation for
Griffin's exercise of First Amendment rights.
2. Defendant Joseph Nadeau conspired with New Hampshire
Parole Officer Jennifer Walters on June 7, 2016, to issue a
warrant for Griffin's June 1, 2016 arrest for a parole
violation, in violation of Griffin's Fourth Amendment
3. Defendant Joseph Nadeau was a member of the APB that
revoked Griffin's parole on June 21, 2016, in violation
of Griffin's Fourteenth Amendment right to have an
impartial decision-maker in a parole revocation proceeding.
4. Defendant Joseph Nadeau misapplied state law, in the
proceedings that resulted in the revocation of Griffin's
parole and his recommittal to the ...