Perez v. Cheshire County Department of Corrections et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Efrain V. Perez
v. Case No. 17-cv-324-PB
Cheshire County Department of
Corrections and United States
Marshals Service
REPORT AND RECOMMENDATION
Plaintiff Efrain V. Perez filed a complaint (Doc. No. 1)
and a motion for preliminary injunctive relief (Doc. No. 3),
asserting that defendants had engaged in violations of the
constitutional rights of inmates at that facility. On July 25,
2017, the court issued an Order (Doc. No. 2) (“July 25 Order”)
directing plaintiff either to pay the filing fee in this case,
pursuant to 28 U.S.C. § 1914, or to file an application to
proceed in forma pauperis, pursuant to 28 U.S.C. §§ 1915,
1915A(a).
A copy of the July 25 Order was mailed to Perez at the
CCDOC, but was returned to the court undelivered. The court
determined that Perez had been transferred to the Federal
Correctional Institution, Berlin, New Hampshire, and forwarded
the July 25 Order to him at that facility. That mail has not
been returned to the court. Having received no response from
Perez, the court extended the deadline for Perez to comply with
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the July 25 Order until October 30, 2017, and warned Perez that
failure to comply with that Order could result in a
recommendation that this case be dismissed without prejudice.
See Sept. 27, 2017 Order. Perez has not paid the filing fee,
applied for in forma pauperis status, sought extension of the
October 30, 2017 deadline, or otherwise responded to the court’s
orders.
Accordingly, the court recommends that the complaint (Doc.
No. 1) in this action be dismissed, and the motion for
preliminary injunctive relief (Doc. No. 3) be denied, without
prejudice, for failure to pay the filing fee or obtain in forma
pauperis status in this matter. 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
December 7, 2017
cc: Efrain V. Perez, pro se
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