Elwell et al v. Doe #1 et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Christopher M. Elwell
v. 	Case No. 18-cv-906-LM
Ed Correia, et al.
Report and Recommendation
Christopher Elwell, who is proceeding pro se, alleges that
three deputies with the Strafford County Sheriff’s Department
violated his Eighth Amendment rights by failing to protect him
from another inmate during his sentencing hearing. 	Elwell is
now incarcerated at the New Hampshire State Prison for Men. 	He
has filed a motion for a restraining order against the New
Hampshire Department of Corrections that arises from the
prison’s alleged interference with the efforts of a fellow
inmate to assist Elwell in preparing his legal papers in this
case.
In support of his motion, Elwell alleges that the New
Hampshire Department of Corrections has a rule that inmates
cannot assist other inmates with preparation of legal matters.
He further alleges that the inmate who has been assisting him
has refused to obey an order to comply with that rule. 	Elwell
also contends that he would be unable to litigate this case
without the assistance of the inmate.
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2
It is not necessary to address the requirements for
injunctive relief or the merits of Elwell’s allegations in the
circumstances presented. 	This case is about the treatment
Elwell received while he was in the custody of Strafford County
Sheriff’s deputies during his sentencing hearing, and the
defendants are the deputies involved in the incident Elwell
alleges in his complaint. 	There are no claims involving the New
Hampshire Department of Corrections or its employees, and
neither the Department nor any employee is a party in this case.
Therefore, the relief that Elwell is seeking against the
New Hampshire Department of Corrections is not available in this
case.
Conclusion
For the foregoing reasons, the plaintiff’s motion for a
restraining order (document no. 50) should be denied.
SO ORDERED.
______________________________
Andrea K. Johnstone
United States Magistrate Judge
December 16, 2021
cc: 	Christopher M. Elwell, pro se
Counsel of Record
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