El v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Jaame Amun Re El
v. 	Case No. 19-cv-647-JL
Warden Robert Hazlewood,
FCI Berlin et al. 1
REPORT AND RECOMMENDATION
Before the court are Plaintiff Jaame Amun Re El’s motions
seeking an entry of default (Doc. No. 43) and a default judgment
(Doc. No. 50) against Robert Hazlewood, the Warden of the
Federal Correctional Institution in Berlin, New Hampshire (“FCI
Berlin”). 	For the reasons stated herein, the district judge
should deny both motions.
In May 2020, the undersigned magistrate judge conducted a
preliminary review in this matter pursuant to 28 U.S.C.
§ 1915A(a) and LR 4.3(d)(1). 	The court directed service of the
claims identified in the May 18, 2020 Report and Recommendation
(“R&R”) (Doc. No. 39) as Claims 1(a)(i), 1(b)(i), 1(c)(i), and
1(d)(i), upon defendants FCI Berlin Mailroom Officer Melainson,
1 The only defendants presently in this action are Federal
Correctional Institution, Berlin, New Hampshire (“FCI Berlin”)
Mailroom Officer Melainson, whose first name is unknown (“FNU”),
and FCI Berlin Corrections Officers FNU Flynn, FNU Farren, and
FNU Burnside. 	The other defendants have been dropped from this
action. 	See June 10, 2020 Order (Doc. No. 47).
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whose first name is unknown (“FNU”), and FCI Berlin Corrections
Officers (“COs”) FNU Flynn, FNU Farren, and FNU Burnside. 	See
May 18, 2020 Order (Doc. No. 40). 	Further, the court
recommended that the district judge dismiss all of the other
claims asserted by Mr. El and drop all of the other defendants
from this case. 	See May 18, 2020 R&R (Doc. No. 39). 	The
district judge approved that R&R. 	See June 10, 2020 Order (Doc.
No. 47) (approving May 18, 2020 R&R (Doc. No. 39)).
In his complaint documents, Mr. El named Warden Hazlewood
as a defendant to the claims identified as Claims 7 and 9 in the
May 18, 2020 R&R. 	The court dismissed both of those claims and
dropped Warden Hazlewood from this action when it approved that
R&R. 2 	Accordingly, Warden Hazlewood never accrued any
responsibility to answer or otherwise respond to Mr. Hazlewood’s
complaint documents. 	As previously explained to Mr. El:
Although Mr. El alleges that he has effected service
on Warden Hazlewood in this action, because Mr. El is
a prisoner filing a civil action against government
officials, the defendants are not required to appear
or answer the complaint until the court conducts
preliminary review pursuant to 28 U.S.C. § 1915A(a),
and directs service on those defendants. 	See Askew v.
Holder, No. CIV.A. 12-0221, 2013 U.S. Dist. LEXIS
2 Claim 7 was dismissed without prejudice to Mr. El’s ability
to file a new lawsuit asserting that claim, which he has not
done. 	See June 10, 2020 Order (Doc. No. 47) (approving May 18,
2020 R&R (Doc. No. 39, at 20)). 	The court dismissed Claim 9 for
failure to state a claim. 	See June 10, 2020 Order (Doc. No. 47)
(approving May 18, 2020 R&R (Doc. No. 39, at 17, 20)).
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21601, *1-*2, 2013 WL 595893, at *1 (D.D.C. Feb. 15,
2013) (collecting cases). 	Cf. 42 U.S.C. § 1997e(g)(1)
(defendants may waive right to reply to complaint
without waiver being considered an admission).
May 18, 2020 R&R (Doc. No. 40), at 19, 20. 	Furthermore, the
served defendants have been granted an extension of the response
deadline to sixty days after all of the defendants have been
served, which has not yet occurred in this case.
Conclusion
For the foregoing reasons, the district judge should deny
Mr. El’s motion for default (Doc. No. 43) and motion for default
judgment (Doc. No. 50). 	Any objections to this Report and
Recommendation must be filed within fourteen days of receipt of
this notice. 	See Fed. R. Civ. P. 72(b)(2). 	The fourteen-day
period may be extended upon motion. 	Failure to file specific
written objections to the Report and Recommendation within the
specified time waives the right to appeal the district court’s
order. 	See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168
(1st Cir. 2016).
__________________________
Andrea K. Johnstone
United States Magistrate Judge
February 25, 2021
cc: 	Jaame Amun Re El, pro se
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