Yahtues v. Hillsborough County Department of Corrections, Superintendent et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Malachi I. Yahtues
v. 	Case No. 16-cv-174-SM
David Dionne and
Willie Scurry
REPORT AND RECOMMENDATION
Plaintiff Malachi Yahtues has filed a “Notice of Dismissal”
(Doc. No. 272), asking the Court “to dismiss his remaining
claims in the above docket.” 	Doc. No. 272, at 1. 	The
defendants have filed a response (Doc. No. 273) asserting that
Mr. Yahtues’s “Notice of Dismissal” should be construed as a
motion to dismiss Claims 5(a) and 5(b) under Fed. R. Civ. P.
15(a), 1 and, if so construed, that they do not object to the
relief requested.
For the reasons stated in the defendants’ response, the
undersigned Magistrate Judge finds that Document No. 272 should
be construed as a motion to dismiss Claims 5(a) and 5(b) from
this action pursuant to Fed. R. Civ. P. 15(a), and recommends
that the District Judge enter the following Order:
1. 	Plaintiff Malachi Yahtues’s “Notice of
Dismissal” (Doc. No. 272) is construed as a motion to
1 Claims 5(a) and 5(b) are identified in the Court’s August
17, 2020 Report and Recommendation (Doc. No. 255, at 3), which
was approved by the District Judge on September 9, 2020 (Doc.
No. 257).
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dismiss Claims 5(a) and 5(b) from this action (Doc.
No. 272) and, so construed, is GRANTED.
2. 	All of the court orders previously issued in
this case remain undisturbed and binding upon the
parties.
3. 	As Claims 5(a) and 5(b) are the only claims
remaining in this case, the case is dismissed, and any
motions pending in this case are terminated.
4. 	The Clerk of Court is directed to enter
judgment and close this case.
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
September 10, 2021
cc: 	Malachi I. Yahtues, pro se
Matthew Vernon Burrows, Esq.
Peter A. Meyer, Esq.
Sarah S. Murdough, Esq.
Case 1:16-cv-00174-SM Document 274 Filed 09/10/21 Page 2 of 2