Doiron v. Camirand et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Arthur Doiron
v. Civil No. 16-cv-264-SM
FNU Camirand et al.
REPORT AND RECOMMENDATION
On December 29, 2016, the court issued an Order (Doc. No.
9) dismissing this case, and entered Judgment (Doc. No. 10).
The following day, plaintiff Arthur Doiron filed a document
(Doc. No. 11) in this court indicating that, due to his frequent
arrests, incarcerations, and releases from jail during the
second half of 2016, he had not received some court mail during
that time frame.
The court construed the December 30 filing as an attempt to
file a motion for relief from judgment in this case, and issued
an Order (Doc. No. 13) granting plaintiff leave to file an
amended motion for relief from judgment, stating his grounds for
seeking such relief. Doiron responded by filing a motion to
voluntarily dismiss this case without prejudice (Doc. No. 14).
As Judgment has already entered in this case, and thus there is
no open case to dismiss, the court construes Doiron’s motion as
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a motion to withdraw his motion to reopen this case, without
prejudice to his ability to file a new motion for relief from
judgment at a future date. So construed, that motion should be
granted.
Conclusion
The district judge should grant Doiron’s motion to withdraw
his motion to reopen this matter, without prejudice to
Doiron’s ability to file a new motion to reopen this case at a
later date. 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); Fed. R. Civ. P. 72(b)(2).
__________________________
Andrea K. Johnstone
United States Magistrate Judge
May 12, 2017
cc: Arthur Doiron, pro se
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