Cullen v. NH Department of Corrections, Commissioner

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Allan Cullen, Ronald Bourdon,
and Scott Rogers
v. Civil No. 16-cv-537-SM
New Hampshire Department of Corrections
Commissioner William Wrenn
REPORT AND RECOMMENDATION REGARDING CO-PLAINTIFFS
Allan Cullen, Ronald Bourdon, and Scott N. Rogers filed
this lawsuit pursuant to 42 U.S.C. § 1983, to challenge a prison
directive that Cullen combine all of his legal materials in his
cell into one “legal tote.” All three inmates signed the
complaint.
Noting that the original complaint failed to state any
claim relating to either Rogers or Bourdon, individually,
because pro se parties cannot litigate the claims of other
parties in federal court, see O’Diah v. Volkswagen of Am., Inc.,
91 F. App’x 159, 160 (1st Cir. 2004); see also 28 U.S.C. § 1654,
the court in its January 3, 2017 Order (Doc. No. 5) granted
plaintiffs leave to file an amended complaint alleging facts
relating to Bourdon and Rogers. Additionally, the January 3,
2017 Order (Doc. No. 5) directed Bourdon and Rogers either to
pay the filing fee or to file in forma pauperis applications in
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this matter. Neither Bourdon nor Rogers responded to the
January 3, 2017 Order (Doc. No. 5). Accordingly, Rogers and
Bourdon should be dropped as plaintiffs from this action, as the
complaint contains no viable claims for relief as to those
plaintiffs.
Conclusion
For the foregoing reasons, the district judge should drop
Rogers and Bourdon from this action. 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 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
May 4, 2017
cc: Allan Cullen, pro se
Scott Rogers, pro se
Ronald Bourdon, pro se
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