Towle v. NH State Prison, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Robert V. Towle
v.
Warden, New Hampshire State Prison
Case No. 15-cv-117-SM
O R D E R
After due consideration of the objection filed (doc. no.
54), I herewith approve the Report and Recommendation of
Magistrate Judge Andrea K. Johnstone dated December 20, 2016,
for the reasons set forth therein.
The respondent’s Motion to Dismiss (doc. no. 18) is hereby
denied with prejudice to the respondent’s ability to assert, in
a motion for summary judgment, that claims in the petition are
procedurally defaulted.
The petitioner’s Motion for a More Definite Statement (doc.
no. 24) and Motion to Bar and Preclude Respondent’s Motion to
Dismiss (doc. no. 26) are here denied as moot.
The deadline for filing a motion for summary judgment in
this matter will be sixty days from the date of this order.
SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
Case 1:15-cv-00117-SM-AJ Document 57 Filed 02/02/17 Page 1 of 2

Date: February 2, 2017
cc: Robert V. Towle #68236
Elizabeth C. Woodcock, Esq.
Lynmarie C. Cusack, Esq.
Case 1:15-cv-00117-SM-AJ Document 57 Filed 02/02/17 Page 2 of 2