United States District Court, D. New Hampshire
Weston J. Stow
Robert P. McGrath et al.
REPORT AND RECOMMENDATION
K. JOHNSTONE UNITED STATES MAGISTRATE.
the court in this matter are the following motions and other
documents, filed by plaintiff Weston J. Stow, seeking to
amend his complaint to add claims and defendants to this
• “Motion to Amend the Complaint Pursuant to
Fed.R.Civ.P. 15(a)” (Doc. No. 95), “Memorandum of
Law in Support of Plaintiff's 1-11-18 Mailed [Motion to
Amend the Complaint Pursuant to Fed.R.Civ.P. 15(a)]”
(Doc. No. 97), and “Supplemental Complaint to the
Motion to Amend Complaint (Doc. No. 95)” (Doc. No.
• “Motion to Add the Within as an Addendum to the
1-11-18 Amended Complaint” (Doc. No. 98);
• “Motion to Add the Within Point of Law as an
Addendum to Plaintiff's 1-16-2018 Memorandum of
Law” (Doc. No. 106);
• “Motion to Amend Supplement the 1-11-2018
Amended Complaint [Motion to Amend the Complaint Pursuant to
Fed.R.Civ.P. 15(a)]” (Doc. No. 107);
• “Motion to Supplement the 01-11-18 Amended
Complaint Pursuant to Fed.R.Civ.P. Rules 15(a)(2); 15(c);
15(d)” (Doc. No. 118); and
• “Motion for Court to Order Defendants to Answer
All Amended and Supplemental Complaints” (Doc. No.
Report and Recommendation, the court refers to these
documents, collectively, as Stow's “motions to
have objected to the above-listed filings, see Doc.
Nos. 104, 109, and Stow, in response to the objections, has
filed “Plaintiff's Response to Defendants'
Omnibus Objection to Plaintiff's Multiple Motions Seeking
to Supplement the Motion to Amend the Operative
Complaint” (Doc. No. 121) and “Plaintiff's
Response to Defendants' Objection to Plaintiff's
Motion to Amend Complaint Pursuant to Fed.R.Civ.P.
15(a)” (Doc. No. 122).
Claims Presently in this Action
In this case, the court has previously allowed the following
claims to proceed against the defendants named in each
1. Defendants Robert McGrath, Leo Lirette, and Edward Hardy,
acting individually and in conspiracy with one another,
caused Stow to be transferred from the New Hampshire State
Prison (“NHSP”) to the Northern New Hampshire
Correctional Facility (“NCF”) on March 30, 2016,
in retaliation for Stow's administrative complaints about
medication refill procedures and inadequate ventilation on
his housing unit, causing Stow to lose his NHSP kitchen job,
to have his pay decreased, and subjecting Stow to adverse
conditions of confinement, embarrassment, and a loss of
dignity, when other inmates who had made similar
administrative complaints were not transferred to NCF and did
not lose their prison jobs, in violation of:
a. Stow's First Amendment rights to free speech and to
petition the government for a redress of grievances,
rendering those defendants liable for damages and ...