Vigneau v. Pedersen et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Patrick M. Vigneau
v. 	Case No. 18-cv-392-JL
Pamela C. Pedersen, M.D., et al.
REPORT AND RECOMMENDATION
Patrick M. Vigneau, formerly an inmate at the Federal
Correctional Institution in Berlin, New Hampshire (“FCI
Berlin”), filed a complaint in 2018 against several FCI Berlin
employees and outside medical professionals. 	His claims relate
to treatment he received at FCI Berlin after injuring his elbow
in April 2016.
The Federal Bureau of Prisons (“BOP”) online Inmate Locator
states that Mr. Vigneau was released from BOP custody in
November 2020. 	See BOP Inmate Locator,
https://www.bop.gov/inmateloc/ (last visited Nov. 18, 2021).
Mr. Vigneau’s most recent filing here was a motion for a docket
sheet, which he mailed from an address in Rhode Island. 	That
filing was docketed on January 13, 2021 as a notice of change of
address. 	See Doc. No. 63. 	The court provided the requested
information in April 2021. 	Mr. Vigneau has not filed any other
document since that that January 2021 filing, approximately ten
months ago.
Case 1:18-cv-00392-JL Document 66 Filed 11/19/21 Page 1 of 3

2
Mr. Vigneau has failed to appear twice for preliminary
pretrial scheduling conferences, one each in October and
November 2021. 	He did not file any notice or motion relating to
those matters, and he has not provided any explanation for his
non-appearance. 	When he failed to call in to the first such
conference on October 7, 2021, which the court allowed the
parties to participate in by telephone, the court rescheduled
the matter for November 18, 2021 and then issued an order
stating that if Mr. Vigneau did not appear for the rescheduled
conference and did not file a timely motion seeking appropriate
relief, the court could deem his non-appearance to be evidence
that he has abandoned this action. 	Mr. Vigneau did not respond
to that Order and then failed to appear or call in to
participate by telephone at the rescheduled conference on
November 18, 2021. 	Upon noting Mr. Vigneau’s absence and then
ascertaining that neither the courtroom deputy nor counsel for
defendants has had any recent contact with Mr. Vigneau, the
court ended the scheduling conference because of his non-
appearance. 	Mr. Vigneau has not manifested any intent to avoid
the inference that he has abandoned this case in the last ten
months.
Case 1:18-cv-00392-JL Document 66 Filed 11/19/21 Page 2 of 3

3
Conclusion
The district judge should direct that this case be
dismissed, without prejudice, and that judgment be entered
because Mr. Vigneau has apparently abandoned this case.
The court sua sponte extends the objection period for this
Report and Recommendation. 	Any objection to this Report and
Recommendation must be filed within thirty days of receipt of
this notice. 	The thirty-day period may be further 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
November 19, 2021
cc: 	Patrick M. Vigneau, pro se
Terry L. Ollila, AUSA
Case 1:18-cv-00392-JL Document 66 Filed 11/19/21 Page 3 of 3