Valerio v. NH Department of Corrections, Commissioner et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Dwayne M. Valerio
v.
NH Department of Corrections, et al.
Case No. 15-cv-248-LM
O R D E R
After due consideration of the objection filed, I herewith
approve the Report and Recommendation of Magistrate Judge Andrea
K. Johnstone dated April 1, 2016 (doc. no. 15), for the reasons
set forth therein.
Plaintiff’s claims as set forth in his First Amended
Complaint are hereby dismissed with the exception of his Fourth
Amendment Claims (Claims 1(A)(i)-(iii) and 2(A)(i)-(iv) re:
unreasonable searches against defendants C.O. Bonnie Johnson and
John Doe C.O.s #3, #4 and #5, and the First Amendment Free
Exercise Claim (Claim 2(D)) against the John Doe C.O.s #4 and
#5. The following defendants are hereby dismissed from this
case: NH Department of Corrections, Commissioner William Wrenn;
NH State Prison, Warden Richard Gerry; John Fouts, John Doe #1,
John Doe #2, Jean Carroll, Colon Forbes, Christopher Kench,
Karen Anderson, John Does #6-13, John/Jane Does #14 and #15, and
the NH Attorney General, Joseph Foster.
Case 1:15-cv-00248-LM Document 18 Filed 05/03/16 Page 1 of 2

Plaintiff’s request for preliminary and permanent
injunctive relief is hereby denied, without prejudice.
SO ORDERED.
____________________________
Landya B. McCafferty
United States District Judge
Date: May 3, 2016
cc: Dwayne M. Valerio, pro se
Case 1:15-cv-00248-LM Document 18 Filed 05/03/16 Page 2 of 2