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Amatucci v. Town of Wolfeboro

United States District Court, D. New Hampshire

December 18, 2017

Josephine Amatucci
v.
Town of Wolfeboro

          REPORT AND RECOMMENDATION

          ANDREA K. JOHNSTONE, UNITED STATES MAGISTRATE JUDGE

         Before the court for preliminary review is Josephine Amatucci's complaint (Doc. No. 1) in this matter, brought against the Town of Wolfeboro (“Town”). Pursuant to 28 U.S.C. § 1915(e)(2) and LR 4.3(d)(2), the complaint is before the court for preliminary review.

         Preliminary Review Standard

         In determining whether a pro se pleading states a claim, the court construes the pleading liberally. See Erickson v. Pardus, 551 U.S. 89, 94 (2007). Disregarding any 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)).

         Background

         Mrs. Amatucci alleges that on June 29, 2015, the Town of Wolfeboro (“Town”) filed a petition in the Carroll County Superior Court (“CCSC”), asking that court to declare Mrs. Amatucci to be a vexatious litigant, pursuant to N.H. Rev. Stat. Ann. § (“RSA”) 507:15-a. See Town of Wolfeboro v. Amatucci, No. 212-2015-CV-0090 (N.H. Super. Ct., Carroll Cty.). On November 28, 2016, the CCSC granted the Town's petition after a bench trial and consideration of written submissions. See Id. In its November 28, 2016 vexatious litigant order (“VLO”), the CCSC declared Mrs. Amatucci to be a vexatious litigant under RSA 507:15-a, and imposed restrictions on her ability to file lawsuits in the New Hampshire Superior Court, as follows:

The court finds the appropriate remedy that restrains Amatucci from further filing of frivolous complaints and repetitive pleadings without violating her right of access to the courts, is as follows:
A. Amatucci is henceforth required to post a cash or surety bond sufficient to cover all attorney's fees and anticipated damages prior to initiating any new complaint in the Superior Court;
B. The court will screen and reject any pleadings in existing cases, or new complaints or lawsuits Amatucci files if they raise the same issues previously addressed;
C. No civil lawsuits or criminal complaints related to Amatucci's arrests in 2002, 2003, 2013, or 2014, however they may be styled, will be docketed;
D. Any lawsuit, complaint or pleading that is frivolous and filed with a purpose to harass will be rejected;
E. Amatucci shall pay all required filing fees and service fees for any new lawsuit she initiates; and
F. Such fees shall not be refunded, if the lawsuit is docketed and later dismissed.

VLO at 18-19. The record in the vexatious litigation action in the CCSC indicates that no appeal was ...


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