United States District Court, D. New Hampshire
REPORT AND RECOMMENDATION
K. JOHNSTONE, UNITED STATES MAGISTRATE JUDGE
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.
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)).
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 ...