Perrino v. White et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Anthony M. Perrino
v. 	Case No. 20-cv-941-JL
Alexis White et al.
REPORT AND RECOMMENDATION
The Court previously conducted preliminary review in this
matter pursuant to 28 U.S.C. § 1915A(a) and LR 4.3(d)(1), and,
on October 21, 2021, issued a Report and Recommendation (Doc.
No. 6) (“R&R”) recommending dismissal of some of the claims
Plaintiff Anthony Perrino asserted in this matter, and an Order
(Doc. No. 7) directing that other claims Mr. Perrino asserted be
served on certain defendants. 	Mr. Perrino did not object to the
R&R, and the District Judge approved the R&R in an Order issued
November 29, 2021. 	See Doc. No. 12.
The copy of the November 29, 2021 Order sent to Mr. Perrino
at the Northern New Hampshire Correctional Facility (“NCF”), the
last address he provided to the Court. 	That correspondence was
returned to the Court undelivered, with a stamp indicating that
Mr. Perrino has been paroled. 	See Doc. No. 13. 	On December 15,
2021, the Court issued an Order directing Mr. Perrino to file a
change of address with the Court by February 15, 2022, pursuant
to his obligation to keep the Court apprised of any change of
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address. 	See LR 83.6(e) (“All persons who do not have
permission to file electronically shall immediately notify the
clerk’s office in writing of any change of address and telephone
number.”). 	The December 15, 2021 Order warned Mr. Perrino that
failing to file a change of address could result in the
dismissal of this case for failure to prosecute.1 	Mr. Perrino
has not filed a change of address, and has not filed any
document in this case since July 15, 2021, when he filed an
amended complaint (Doc. No. 5) pursuant to the Court’s July 1,
2021 Order (Doc. No. 4).
It appears that Mr. Perrino has abandoned this case.
Accordingly, the District Judge should dismiss this matter in
its entirety, without prejudice, for failure to prosecute.
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 any objection 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.
1 The Court’s December 15, 2021 Order was sent to Mr.
Perrino at the NCF, and has not been returned to the Court. 	The
New Hampshire Department of Corrections (“DOC”) online Inmate
Locator, however, indicates that Mr. Perrino is not incarcerated
within the DOC at this time. 	See DOC Inmate Locator,
https://business.nh.gov/inmate_locator/ (last visited Feb. 28,
2022).
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2016). 	Only those issues raised by the objection(s) to this
Report and Recommendation “‘are subject to review in the
district court and those not preserved by such objection are
precluded on appeal.’” 	Id. (citations omitted).
__________________________
Andrea K. Johnstone
United States Magistrate Judge
February 28, 2022
cc: 	Anthony M. Perrino, pro se
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