Gibbs et al v. NH Department of Corrections, Commissioner et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Peter Gibbs and
Brett Brooke Sonia
v. 	Case No. 20-cv-1113-LM
N.H. Department of Corrections
Commissioner Helen Hanks et al.
REPORT AND RECOMMENDATION
Peter Gibbs and Brett (Brooke) Sonia, two New Hampshire
Department of Corrections inmates, jointly filed this action in
November 2020 asserting claims that the conditions of their
confinement in the Airways Heights Corrections Center, in
Airways Heights, Washington, violated their federal
constitutional rights. 	The parties did not pay the filing fee
up front, and neither of them filed a complete application to
proceed in this case without prepaying the filing fee.
Neither plaintiff has responded to the August 9, 2021 Order
(Doc. No. 7) directing them, no later than October 5, 2021, to
pay the filing fee or to fill out and file a complete in forma
pauperis motion with all of the necessary records, specific to
each of them. 	Neither of them has filed any document in this
case since February 9, 2021.
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The district judge should direct that this case be
dismissed, without prejudice, because of the plaintiffs’ failure
to pay the filing fee and apparent abandonment of this action.
Any objection 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 objections 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
November 9, 2021
cc: 	Peter E. Gibbs, Jr., pro se, c/o N.H. State Prison
Brett (Brooke) Sonia, pro se
Case 1:20-cv-01113-LM Document 12 Filed 11/09/21 Page 2 of 2