1:24-cv-00412•Martin v. Northern NH Correctional Facility
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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Lee J. Martin v. Case No. 24-cv-412-LM-AJ Androscoggin Valley Hospital et al.1 REPORT AND RECOMMENDATION Before the court is self-represented Plaintiff Lee J. Marvin’s Complaint (Doc. No. 1), filed while he was incarcerated at the Northern New Hampshire Correctional Facility (“NCF”) in Berlin, New Hampshire.2 The complaint is before this magistrate judge for preliminary review under 28 U.S.C. § 1915A(a) and LR 4.3(d)(1). PRELIMINARY REVIEW STANDARD The court conducts preliminary review of prisoner complaints under 28 U.S.C. § 1915A(a) and LR 4.3(d)(1) to determine, among other things, whether the complaint states a claim upon which relief might be granted. In conducting its preliminary review, the court must construe the complaint liberally. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S. Ct. 2197, 167 L.Ed.2d 1081 (2007) (per curiam). To determine whether to dismiss claims for failure to state a claim, the court takes as true the factual content in the complaint and inferences reasonably drawn from those facts, strips away legal 1 Plaintiff names the following defendants in his Complaint (Doc. No. 1): Androscoggin Valley Hospital (“AVH”); AVH physician Dr. Moore, whose first name is unknown; and Dartmouth Hospital. 2 According to the New Hampshire Department of Corrections Inmate Locator, Mr. Martin is presently incarcerated at the New Hampshire State Prison for Men in Concord, New Hampshire. See https://business.nh.gov/inmate_locator/ (last viewed Nov. 3, 2025). Case 1:24-cv-00412-LM-AJ Document 6 Filed 11/04/25 Page 1 of 6
2 conclusions, and considers whether the plaintiff has stated a claim. See Hernandez- Cuevas v. Taylor, 723 F.3d 91, 102-03 (1st Cir. 2013) (citing Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). The court may dismiss claims asserted in a prisoner’s complaint if the court lacks jurisdiction, a defendant is immune from the relief sought, the complaint fails to state a claim, or the action is frivolous or malicious. See 28 U.S.C. § 1915A(b). BACKGROUND The court draws the following facts from Mr. Martin’s Complaint, liberally construed. See Erickson, 551 U.S. at 94. On November 1, 2024, while incarcerated at NCF, Mr. Martin lost consciousness and was taken to Androscoggin Valley Hospital (“AVH”) in Berlin, New Hampshire for medical care. At AVH, Mr. Martin was given a CT-Scan. Mr. Martin alleges that an injection he received in connection with that CT- scan caused him to “flatline[]” for more than a minute. Doc. No. 1, at 1. At some point, Mr. Martin was transferred from AVH to Dartmouth Hospital (“DH”). DH was notified of Mr. Martin’s reaction to the injection he received at AVH. Despite that, when DH conducted another CT-scan, he was again injected in connection with that scan, and again “flatlined for over (1) one minute, due to [their] error. . .” (spelling corrected). Id. CLAIMS3 The court finds that, liberally construed, the Complaint asserts claims against three defendants, AVH, AVH physician Dr. Moore, and DH, alleging that they 3 The claims identified in this Order will be considered to be the claims asserted in this case for all purposes. If Mr. Martin disagrees with the identified claims, he must object to this Report and Recommendation and/or move to amend his Complaint to identify what claims he intends to assert in this matter. Case 1:24-cv-00412-LM-AJ Document 6 Filed 11/04/25 Page 2 of 6
3 endangered Mr. Martin’s life by subjecting him to substandard medical care, in violation of the Eighth Amendment of the United States Constitution, and state law. Mr. Martin seeks punitive and compensatory damages and damages for future medical injury in anticipation of “lifelong issues.” Id. at 1-2. DISCUSSION I. Subject Matter Jurisdiction “‘Subject-matter jurisdiction refers to a court's power to hear the case before it. Federal courts have limited subject-matter jurisdiction, meaning that they possess only that power authorized by Constitution and statute.’” Boniface v. Viliena, 145 F.4th 98, 109 (1st Cir. 2025) (quoting Gunn v. Minton, 568 U.S. 251, 256 (2013)); see also Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). The district courts of the United States are courts of limited jurisdiction, defined (within constitutional bounds) by federal statute. Congress has granted those courts jurisdiction over two main kinds of cases. District courts have power to decide diversity cases—suits between citizens of different States as to any matter valued at more than $75,000. See 28 U.S.C. § 1332(a). And they have power to decide federal-question cases—suits “arising under” federal law. § 1331. Badgerow v. Walters, 596 U.S. 1, 7 (2022) (internal citations omitted). The party seeking to invoke the Court's jurisdiction bears the burden to establish that jurisdiction exists. See Woo v. Spackman, 988 F.3d 47, 53 (1st Cir. 2021). “Federal courts . . . cannot act in the absence of subject matter jurisdiction.” Rotondo v. Salisbury, Nos. 24-1338, 24-1358, 24-1410, 2024 U.S. App. LEXIS 26773, at *5, 2024 WL 4529691, at *1 (1st Cir. July 10, 2024). Courts, therefore, “‘have an independent obligation to determine whether subject-matter jurisdiction exists, even in Case 1:24-cv-00412-LM-AJ Document 6 Filed 11/04/25 Page 3 of 6
4 the absence of a challenge from any party.’” Boniface, 145 F.4th at 109 (citation omitted). “And, if a federal court concludes that subject-matter jurisdiction is lacking, it must dismiss the complaint.” Id. II. Federal Question Jurisdiction To the extent Mr. Martin seeks to bring damages claims in this case under this Court’s federal question jurisdiction, see 28 U.S.C. § 1331, such claims arise under 42 U.S.C. § 1983. “[Section] 1983 allows private parties to sue state actors who violate their rights under the Constitution and laws of the United States.” Medina v. Planned Parenthood S. Atl., 145 S. Ct. 2219, 2227 (2025) (internal quotation marks and citation omitted); see also Segrain v. Duffy, 118 F.4th 45, 56 (1st Cir. 2024) (“Section 1983 provides a cause of action for monetary damages against state actors sued in their individual capacities who acted under color of state law to deprive plaintiff of a right guaranteed by the Constitution or by federal law.”). To state a claim under § 1983, the plaintiff must show that a state actor violated his rights secured by the Constitution or federal law. See Vega v. Tekoh, 597 U.S. 134, 141 (2022). It is well-settled, however, that § 1983 does not generally provide a cause of action for purely private conduct alleged to have impacted a plaintiff's federal constitutional rights. See Georgia v. McCollum, 505 U.S. 42, 53 (1992) (citing Polk Cty. v. Dodson, 454 U.S. 312 (1981)). A private party is deemed to be a state actor for purposes of § 1983 only under limited circumstances, none of which are present here. See generally Blum v. Yaretsky, 457 U.S. 991, 1004-05 (1982) (describing circumstances under which a private actor can be deemed to be a state actor for purposes of § 1983). Case 1:24-cv-00412-LM-AJ Document 6 Filed 11/04/25 Page 4 of 6
5 AVH and DH are private entities, and Dr. Moore is a private individual. The fact that Mr. Martin was incarcerated in a state prison at the time of the events underlying his Complaint, does not alter that fact. Accordingly, to the extent Mr. Martin seeks to bring claims against the defendants for violations of his rights under the Constitution or federal law, his claims fail. Accordingly, the District Judge should dismiss the plaintiff's § 1983 claims for lack of jurisdiction. II. State Law Claims A. Diversity Jurisdiction This Court may entertain claims asserted under state law if the matter falls within this Court's diversity jurisdiction. To invoke the diversity jurisdiction of the Court, the complaint must demonstrate that the plaintiff is a citizen of a different state than each of the defendants, and that the suit involves an amount-in-controversy in excess of $75,000. See 28 U.S.C. § 1332(a). In this case, to the extent he seeks to assert a medical malpractice or other negligence claim under state law, Mr. Martin cannot invoke diversity jurisdiction, as he and at least one of the defendants are both citizens of New Hampshire. The complaint therefore does not satisfy the requirements set forth in § 1332(a), and the district judge should dismiss Mr. Martin’s state law claims on that basis, without prejudice to his ability to assert those claims in a suit brought in a state court of competent jurisdiction. B. Supplemental Jurisdiction Under 28 U.S.C. § 1367, “in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they Case 1:24-cv-00412-LM-AJ Document 6 Filed 11/04/25 Page 5 of 6
6 form part of the case or controversy.” Id. at § 1367(a). The district court may decline to exercise jurisdiction, however, where it “has dismissed all claims over which it has original jurisdiction.” Id. at § 1367(c)(3). Because Mr. Martin has failed to state any claim upon which relief might be granted which invokes this court’s original jurisdiction, the district judge should decline to exercise its supplemental jurisdiction over Mr. Martin’s state law claims. CONCLUSION For the foregoing reasons, the district judge should dismiss this action in its entirety for lack of subject matter jurisdiction, without prejudice to the plaintiff’s ability to bring his state law claims in state court. Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. Fed. R. Civ. P. 72(b)(2). The fourteen-day period may be extended upon motion. Failure to file any objection 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). Only those issues raised in the objection(s) to this Report and Recommendation “‘are subject to review in the district court.’” Id. Additionally, any issues “‘not preserved by such objection are precluded on appeal.’” Id. (citations omitted). ______________________________ Andrea K. Johnstone United States Magistrate Judge November 4, 2025 cc: Lee J. Martin, pro se Case 1:24-cv-00412-LM-AJ Document 6 Filed 11/04/25 Page 6 of 6
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