Wolff v. NH Department of Corrections et al

Plaintiff Charles Jay Wolff alleged that the New Hampshire Department of Corrections have denied him a kosher diet consistent with his faith, thereby abridging his right to freely exercise his religion and substantially burdening his religious practices. Plaintiff also filed a hard-boiled egg as a part of his preliminary injunction request. The judge issued an order to destroy the egg and wrote the order in the style of Green Eggs and Ham.
Plaintiff:Charles Jay Wolff
Defendant:James Daley, Jeff Perkins and NH Department of Corrections, Commissioner
 
Case Number:1:2006cv00321
Filed:September 5, 2006
 
Court:New Hampshire District Court
Office:Concord Office [ Court Info ]
County:Merrimack
Presiding Judge:Judge Paul Barbadoro
 
Nature of Suit:P. Petitions - Prison Condition
Cause:42:1983 Prisoner Civil Rights
Jurisdiction:Federal Question
Jury Demanded By:None

Date Filed

#

Docket Text

July 10, 2006 1 MOTION to Proceed in forma pauperis with Custodial Certificate filed by Charles Jay Wolff (jeb, ) (Entered: August 30, 2006)
August 14, 2006 2 FINANCIAL AFFIDAVIT re: [1] Motion to Proceed in forma pauperis by Charles Jay Wolff (jeb, ) (Entered: August 30, 2006)
August 28, 2006 5 COMPLAINT against NH Department of Corrections, Gency Morse, James Daley filed by Charles Jay Wolff.(jeb, ) (Entered: August 30, 2006)
August 28, 2006 6 MOTION to Appoint Counsel filed by Charles Jay Wolff (jeb, ) (Entered: August 30, 2006)
August 29, 2006 7 Addendum to the 5 the Complaint by Charles Jay Wolff (jeb, ) (Entered: 08/30/2006)
September 5, 2006 8 ORDER granting [1] Motion to Proceed in forma pauperis. So Ordered by Judge James R. Muirhead. (jeb, ) (Entered: September 6, 2006)
September 5, 2006   IFP motion granted - case converted to a civil case. (jeb, ) (Entered: September 6, 2006)
October 19, 2006 9 ORDER plaintiff to amend complaint 5 Complaint. Amended Pleadings due by 11/20/2006. Signed by Judge James R. Muirhead. (mxm, ) (Entered: October 20, 2006)
October 24, 2006 10 RESPONSE re 9 Order Directing Plaintiff to File Amended Complaint Re:Administrative Exhaustion of Remedies filed by Charles Jay Wolff. (Lynch, Daniel) (Entered: November 6, 2006)
January 26, 2007 11 ORDER Directing Clerk to Make Service. Signed by Judge James R. Muirhead. (mxm, ) (Entered: January 28, 2007)
January 26, 2007 12 REPORT AND RECOMMENDATIONS re 5 Complaint, recommending that it be served as to 1983 and RLUIPA claims against Wrenn, Perkins and Daly, and the other claims be dismissed. Follow up on Objections to R&R on 2/15/2007. Signed by Judge James R. Muirhead. (mxm, ) (Entered: January 28, 2007)
January 28, 2007   NOTICE: The court has issued a ruling on preliminary review and ordered the complaint to be served. Pursuant to the Agreement on Service between the Clerk of Court and New Hampshire Attorney General, this Notice constitutes service as directed by the court. The New Hampshire Attorney General shall file notice of acceptance or declination of acceptance of service within thirty (30) days. Acceptance of Service Deadline set for 2/27/2007. Answer due by 3/19/2007. (See documents 5,7,10,11 and 12)(mxm, ) (Entered: January 28, 2007)
February 7, 2007 14 RESPONSE (pages 1-28) to Motion re 12 REPORT AND RECOMMENDATIONS re 5 Complaint, recommending that it be served as to 1983 and RLUIPA claims against Wrenn, Perkins and Daly, and the other claims be dismissed. filed by Charles Jay Wolff. (Attachments:, # 1 pages 29-54)(mxm, ) (Entered: February 9, 2007)
February 8, 2007 13 Agreement of Acceptance of Service by NH Department of Corrections, James Daley (Livernois, Andrew) (Entered: February 8, 2007)
February 15, 2007 15 CERTIFICATE OF SERVICE by Charles Jay Wolff (mxm, ) (Entered: February 21, 2007)
February 20, 2007 16 ///ORDER approving 12 Report and Recommendations. So Ordered by Judge Paul Barbadoro. (mxm, ) (Entered: February 21, 2007)
March 19, 2007 18 MOTION to Extend Time to Answer to April 2, 2007 filed by NH Department of Corrections, James Daley, Jeff Perkins. Follow up on Objection on 4/9/2007 (Livernois, Andrew) (Entered: 03/19/2007)
March 26, 2007 19 OBJECTION to 18 MOTION to Extend Time to Answer to April 2, 2007 served on 3/20/07 filed by Charles Jay Wolff. (mxm, ) (Entered: March 27, 2007)
March 28, 2007   ENDORSED ORDER granting 18 Motion to Extend Time to Answer. Text of Order: Granted. So Ordered by Judge James R. Muirhead. Answer due by 4/2/2007. (djb, ) (Entered: March 28, 2007)
April 2, 2007 20 Defendants' ANSWER to Complaint filed by NH Department of Corrections, James Daley, Jeff Perkins. (Livernois, Andrew) (Entered: April 2, 2007)
April 3, 2007 21 Agreement of Acceptance of Service by NH Department of Corrections (Livernois, Andrew) (Entered: April 3, 2007)
April 5, 2007 22 CERTIFICATE OF SERVICE by Charles Jay Wolff (mxm, ) (Entered: April 6, 2007)
April 9, 2007 23 RESPONSE re 20 Answer to Complaint filed by Charles Jay Wolff. (Attachments:, # 1 Exhibit 1 - Miscellaneous Papers)(mxm, ) (Entered: 04/10/2007)
April 11, 2007   NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference Via Video Conference, Courtroom #1, set for 5/14/2007 11:45 AM before Magistrate Judge James R. Muirhead. Follow up on Discovery Plan 5/9/2007. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to Magistrate Judge Muirhead but are free to withhold consent without adverse consequences.(jgb, ) (Entered: April 11, 2007)
April 18, 2007 24 NOTICE of no objection to the Magistrate Judge having this case by Charles Jay Wolff. (mxm, ) (Entered: April 20, 2007)
May 4, 2007 25 Proposed Discovery Plan filed by NH Department of Corrections, Commissioner, James Daley, Jeff Perkins. (Livernois, Andrew) (Entered: May 4, 2007)
May 4, 2007 26 Letter to Charles Wolff from Daniel Lynch re: letters as requests (Attachments:, # 1 4/29/07 Letter from Charles Wolff, # 2 2/26/07 Letter from George Bush) (mxm, ) (Entered: May 4, 2007)
May 14, 2007   Minute Entry for proceedings held before Judge James R. Muirhead. VIDEO CONFERENCE PRETRIAL CONFERENCE held on 5/14/2007. Order to issue. (Court Reporter: Susan Bateman) (Pltfs Atty: Charles Jay Wolff, pro se) (Defts Atty: Andrew Livernois, Esq.)(Total Hearing Time: :22) (jgb, ) (Entered: May 15, 2007)
May 14, 2007   ENDORSED ORDER approving 25 Discovery Plan. Length of Trial 2 DAYS. Case Track: Standard. Text of Order: Approved and adopted as a pretrial scheduling order. So Ordered by Judge James R. Muirhead. Summary Judgment Motions due by 1/2/2008. Dispositive Motion Filing Deadline 8/1/2007. (mxm, ) (Entered: May 16, 2007)
May 14, 2007 27 Proposed Discovery Plan filed by Charles Jay Wolff. (mxm, ) (Entered: May 16, 2007)
May 16, 2007   TRIAL NOTICE: LR 16.2(d) Objections due 5/19/08.. Bench Trial set for 6/3/2008 09:30 AM before Judge Paul Barbadoro. Final Pretrial Conference set for 5/21/2008 02:30 PM before Judge Paul Barbadoro. Pretrial Statements due 5/5/2008. (mxm, ) (Entered: May 16, 2007)
June 19, 2007 29 Ex Parte MOTION requesting that the Mental Health department of the NH Prison have no contact with the plaintiff filed by Charles Jay Wolff. (mxm) Modified on 7/11/2007 to unseal the motion (MM) (Entered: June 20, 2007)
June 25, 2007 30 MOTION to Dismiss Commissioner Wrenn as a defendant filed by Charles Jay Wolff. Served on 6/21/07. Follow up on Objection on 7/13/2007. (mxm) (Entered: June 26, 2007)
June 25, 2007 31 NOTICE that Donald Andrews will not be a defendant in this case by Charles Jay Wolff. (mxm) (Entered: June 26, 2007)
June 27, 2007 32 MOTION to Compel the department of corrections to abide by rules filed by Charles Jay Wolff. Served on 6/25/07. Follow up on Objection on 7/16/2007. (mxm) (Entered: June 28, 2007)
June 27, 2007 33 MOTION to Compel the mail room to give the inmate the mail without the ID number filed by Charles Jay Wolff. Served on 6/25/07. Follow up on Objection on 7/16/2007. (mxm) (Entered: 06/28/2007)
June 27, 2007 34 MOTION for the department of corrections to remove the K from the Canteen list filed by Charles Jay Wolff. Served on 6/25/07. Follow up on Objection on 7/16/2007. (mxm) (Entered: 06/28/2007)
June 28, 2007 35 Addendum/amendment deleting the mental and emotion part of the case to 10 Response, 5 Complaint by Charles Jay Wolff. (mxm) (Entered: July 5, 2007)
July 2, 2007 36 MOTION to Appoint Counsel filed by Charles Jay Wolff. Served on 6/28/07. Follow up on Objection on 7/20/2007. (mxm) (Entered: July 5, 2007)
July 2, 2007 37 MOTION to Amend 7 Addendum, 5 Complaint filed by Charles Jay Wolff. Follow up on Objection on 7/20/2007. (mxm) (Entered: July 5, 2007)
July 3, 2007 38 MOTION for Emergency Injunctive relief filed by Charles Jay Wolff. Follow up on Objection on 7/23/2007. (mxm) (Entered: July 5, 2007)
July 6, 2007 39 ORDER referring 38 Motion for Preliminary Injunction. Signed by Judge Paul J. Barbadoro. (mm) (Entered: July 6, 2007)
July 11, 2007   ENDORSED ORDER denying 29 Ex Parte Motion. Text of Order: The motion is ordered unsealed. Denied So Ordered by Judge James R. Muirhead. (mxm) (Entered: July 11, 2007)
July 17, 2007 40 OBJECTION to 38 MOTION for Preliminary Injunction filed by NH Department of Corrections, Commissioner, James Daley, Jeff Perkins. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Jeff Perkins with two attachments)(Livernois, Andrew) (Entered: July 17, 2007)
July 17, 2007 41 OBJECTION to 37 MOTION to Amend 7 Addendum, 5 Complaint filed by NH Department of Corrections, Commissioner, James Daley, Jeff Perkins. (Livernois, Andrew) (Entered: July 17, 2007)
July 18, 2007   NOTICE of Hearing re: 38 MOTION for Preliminary Injunction.Evidentiary Hearing set for 8/1/2007 09:30 AM before Magistrate Judge James R. Muirhead. (amm) (Entered: July 18, 2007)
July 18, 2007 42 ORDER to Transport Charles Wolff on August 1, 2007 for Evidentiary from NH State Prison. Signed by Clerk James R. Starr. (amm) (Entered: July 18, 2007)
July 19, 2007 43 MOTION against the Mental Health Department filed by Charles Jay Wolff. Served on 7/17/07. Follow up on Objection on 8/6/2007. (mxm) (Entered: July 19, 2007)
July 25, 2007 44 MOTION to issue warrant to the US Marshal to seize as evidence plaintiff's medical records filed by Charles Jay Wolff. Served on 07/23/07. Follow up on Objection on 8/13/2007. (mxm) (Entered: July 27, 2007)
July 25, 2007 45 Objection to 41 Objection to Motion to amend filed by Charles Jay Wolff. (mxm) (Entered: July 27, 2007)
July 25, 2007 46 MOTION for Subpoena for prison employees and inmates to appear at the 8/1/07 hearing filed by Charles Jay Wolff. Served on 7/23/07. Follow up on Objection on 8/13/2007. (mxm) (Entered: 07/27/2007)
July 30, 2007   ENDORSED ORDER denying 36 Motion to Appoint Counsel. Text of Order: Denied. So Ordered by Judge James R. Muirhead. (djb) (Entered: July 30, 2007)
July 30, 2007   ENDORSED ORDER denying 44 Motion to issue warrant to the US Marshal to seize as evidence plaintiff's medical records. Text of Order: Denied. Subpoenas, whether to obtain records or for the appearance of witnesses, require that service of process and witness fees be paid for - even by in forma pauperis litigants. So Ordered by Judge James R. Muirhead. (djb) (Entered: July 30, 2007)
July 30, 2007   ENDORSED ORDER denying 46 Motion for Subpoena. Text of Order: Denied. Subpoenas, whether to obtain records or for the appearance of witnesses, require that service of process and witness fees be paid for - even by in forma pauperis. So Ordered by Judge James R. Muirhead. (djb) (Entered: July 30, 2007)
August 1, 2007   Minute Order for proceedings held before Judge James R. Muirhead : EVIDENTIARY HEARING held on 8/1/2007 re: Preliminary Injunction Witnessess Appearing: Charles Jay Wolff, Richard Stacy, Joyce Leeka, Deacon James Daly. (Court Reporter: Susan Bateman) (Pltfs Atty: Charles Jay Wolff, pro se) (Defts Atty: Andrew Livernois, Esq.) Report and Recommendation to issue.(Total Hearing Time: 2:30) (jgb) (Entered: August 1, 2007)
August 1, 2007 47 Exhibit List for Preliminary Injunction Hearing 8/1/07 by Charles Jay Wolff. (jgb) (Entered: August 1, 2007)
August 1, 2007 48 Exhibit List for Preliminary Injunction Hearing 8/1/07 by NH Department of Corrections, Commissioner, et al. (jgb) (Entered: August 1, 2007)
August 2, 2007 49 ORDER taking under advisement 38 Motion for Preliminary Injunction.Respond due within 20 days So Ordered by Judge James R. Muirhead. (mxm) (Entered: August 3, 2007)
August 23, 2007   ENDORSED ORDER denying 43 Motion against the Mental Health Department. Text of Order: Denied. The motion does not qualify for ex parte consideration and in any event relates to old claims. So Ordered by Judge James R. Muirhead. (djb) (Entered: August 23, 2007)
August 23, 2007 51 FILED IN ERROR - MOTION to reconvene the evidentiary hearing before Magistrate Judge Muirhead filed by Charles Jay Wolff. Served on 8/20/07. Follow up on Objection on 9/10/2007. (mxm) Modified on 8/29/2007 to add: Filed in error, wrong document attached. See document #52 (MM). (Entered: August 27, 2007)
August 23, 2007 52 MOTION to reconvene evidentiary hearing filed by Charles Jay Wolff. Served on 8/20/07. Follow up on Objection on 9/10/2007. (mxm) (Entered: August 29, 2007)
August 27, 2007 50 RESPONSE re 49 Order on Motion for Preliminary Injunction filed by NH Department of Corrections, Commissioner, James Daley, Jeff Perkins. (Attachments: # 1 Exhibit A -- Excerpts from Medical Records)(Livernois, Andrew) (Entered: 08/27/2007)
September 6, 2007 53 MOTION for Contempt of kitchen supervisor filed by Charles Jay Wolff. Served on 9//4/07. Follow up on Objection on 9/24/2007. (mxm) (Entered: September 10, 2007)
September 7, 2007 54 MOTION to Compel the prison to provide the plaintiff with 3 nutritious meals per day filed by Charles Jay Wolff. Served on 9/5/07. Follow up on Objection on 9/24/2007. (mxm) (Entered: 09/10/2007)
September 17, 2007 55 MOTION for Contempt/Perjury of certain prison employees filed by Charles Jay Wolff. Served on 9//13/07. Follow up on Objection on 10/4/2007. Certain exhibit(s) maintained conventionally in Clerks Office (hard boiled egg). (Attorney filers must submit conventional materials to the court within 72 hours.) (Attachments:, # 1 Exhibit 1 - 9/3/07 Inmate Request Slips)(mxm) (Entered: September 17, 2007)
September 18, 2007 56 ORDER the egg filed by the plaintiff is to be destroyed re: 55 Motion for Contempt,injunction. Signed by Judge James R. Muirhead. (mxm) (Entered: September 18, 2007)
September 21, 2007 57 RESPONSE re 56 Order filed by Charles Jay Wolff. (mxm) (Entered: 09/21/2007)
September 26, 2007 58 MOTION for Contempt and disrespect filed by Charles Jay Wolff. Served on 9/24/07. Follow up on Objection on 10/15/2007. (Attachments:, # 1 Exhibit 1- 9/19/07 Inmate Request Slip)(mxm) (Entered: September 27, 2007)
September 28, 2007 59 OBJECTION to 53 MOTION for Contempt, 54 MOTION to Compel the prison to provide the plaintiff with 3 nutritious meals per day, 55 MOTION for Contempt filed by NH Department of Corrections, Commissioner, James Daley, Jeff Perkins. (Livernois, Andrew) (Entered: September 28, 2007)
September 28, 2007 60 MOTION for Contempt for serving hard boiled eggs again filed by Charles Jay Wolff. Served on 9/26/07. Follow up on Objection on 10/18/2007. (mxm) (Entered: October 3, 2007)
September 28, 2007 61 NOTICE of Disclosure of expert by Charles Jay Wolff. (mxm) (Entered: October 3, 2007)
October 2, 2007 62 REPLY to Objection to Motion re 53 MOTION for Contempt, 54 MOTION to Compel the prison to provide the plaintiff with 3 nutritious meals per day, 55 MOTION for Contempt filed by Charles Jay Wolff. (mxm) (Entered: October 4, 2007)
October 5, 2007 63 Letter to Charles Wolff from Daniel Lynch re: Mr. Wolff letter re: the "provisional" report and recommendation (mxm) (Entered: October 9, 2007)
October 12, 2007 64 OBJECTION to 60 MOTION for Contempt, 58 MOTION for Contempt filed by NH Department of Corrections, Commissioner, James Daley, Jeff Perkins. (Attachments: # 1 Exhibit A Dietician consult)(Smith, Nancy) (Entered: October 12, 2007)
October 17, 2007 65 REPORT AND RECOMMENDATIONS re 52 Motion for Miscellaneous Relief, 60 Motion for Contempt, 53 Motion for Contempt, 54 Motion to Compel, 38 Motion for Preliminary Injunction, 55 Motion for Contempt, 58 Motion for Contempt, recommending that the motions be denied. Follow up on Objections to R&R on 11/5/2007. Signed by Judge James R. Muirhead. (mxm) (Entered: October 17, 2007)
October 19, 2007 66 Objection to 64 Objection to Motion filed by Charles Jay Wolff. (Attachments:, # 1 Exhibit 1 - Inmate Request Slips)(mxm) (Entered: 10/22/2007)
October 22, 2007 67 Letter to Daniel Lynch from Charles Wolff re: transcript of preliminary injunction hearing (mxm) (Entered: October 23, 2007)
October 23, 2007 68 Letter to Charles Wolff from Daniel Lynch re: procedure for obtaining transcripts (mxm) (Entered: October 23, 2007)
October 23, 2007 69 Letter to Charles Wolff from Daniel Lynch re: Mr. Wolff's pleading (Attachments:, # 1 Mr. Wolff's pleading, # 2 Inmate Request Slip) (mxm) (Entered: October 24, 2007)
October 24, 2007 70 OBJECTION to 65 Report and Recommendations filed by Charles Jay Wolff. (Attachments:, # 1 Exhibit 1 - 8/17/07 Inmate request)(mxm) (Entered: 10/25/2007)
October 30, 2007 71 Letter to Daniel Lynch, Chief Deputy Clerk from Charles Wolff re: Points of Information (mxm) (Entered: October 31, 2007)
October 30, 2007 72 Letter to Charles Wolff from Daniel Lynch re: Mr. Wolff's letter regarding points of interest (mxm) (Entered: October 31, 2007)
October 30, 2007 73 ORDER denying 38 Motion for Preliminary Injunction; denying 52 Motion for contempt; denying 53 Motion for Contempt; denying 54 Motion to Compel; denying 55 Motion for Contempt; denying 58 Motion for Contempt; denying 60 Motion for Contempt; approving 65 Report and Recommendations. So Ordered by Judge Paul J. Barbadoro. (mm) (Entered: October 31, 2007)
November 6, 2007 74 TRANSCRIPT of Proceedings for Excerpt of Charles Wolff testimony from Preliminary Injunction hearing before Judge Magistrate held on 08/01/2007. Court Reporter: Susan Bateman, Telephone # 603 225-1453.

NOTICE: You do NOT get a free look at transcripts nor are they available on PACER. If you would like to order a copy, please contact the court reporter at the above listed phone number.

(mm) (Entered: November 6, 2007)

November 8, 2007   ENDORSED ORDER granting 33 Motion to Compel. Text of Order: Granted. No objection filed. So Ordered by Judge James R. Muirhead. (sls) (Entered: November 8, 2007)
November 8, 2007   ENDORSED ORDER denying 34 Motion to remove the K from the Canteen list. Text of Order: Denied. So Ordered by Judge James R. Muirhead. (sls) (Entered: November 8, 2007)
November 8, 2007   ENDORSED ORDER denying 32 Motion to Compel. Text of Order: Denied. Beyond the scope of relevant issues in this case. So Ordered by Judge James R. Muirhead. (sls) (Entered: November 8, 2007)
November 8, 2007   ENDORSED ORDER denying 37 Motion to Amend 7 Addendum. Text of Order: Denied. LR 15.1 has not been complied with and the issues and potential claims are apparently not related to the pending claims and must be filed as a separate suit. So Ordered by Judge James R. Muirhead. (sls) (Entered: 11/08/2007)
November 8, 2007   ENDORSED ORDER granting 30 Motion to Dismiss Commissioner Wrenn as a Defendant. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. (jna) (Entered: November 8, 2007)
November 8, 2007 76 NOTICE OF APPEAL as to 65 REPORT AND RECOMMENDATIONS re 52 Motion for Miscellaneous Relief, 60 Motion for Contempt, 53 Motion for Contempt, 54 Motion to Compel, 38 Motion for Preliminary Injunction, 55 Motion for Contempt, 58 Motion for Contempt, recommending thatREPORT AND RECOMMENDATIONS re 52 Motion for Miscellaneous Relief, 60 Motion for Contempt, 53 Motion for Contempt, 54 Motion to Compel, 38 Motion for Preliminary Injunction, 55 Motion for Contempt, 58 Motion for Contempt, recommending that, 73 Order on Motion for Preliminary Injunction,, Order on Motion for Miscellaneous Relief,, Order on Motion for Contempt,, Order on Motion to Compel,,,,,,,, Order on Report and Recommendations, by Charles Jay Wolff. File-stamped copy to be sent to parties/USCA by Clerks Office. (mxm) (Entered: November 13, 2007)
November 9, 2007 75 Notice to Substitute Attorney. Added attorney Deborah B. Weissbard. Attorney Nancy J. Smith terminated. (Weissbard, Deborah) (Entered: November 9, 2007)
Docket Report Last Checked: November 29, 2007 15:04:16 PST
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Plaintiff: Charles Jay Wolff
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Defendant: James Daley
Represented By: Deborah B. Weissbard
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Defendant: Jeff Perkins
Represented By: Deborah B. Weissbard
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Defendant: NH Department of Corrections, Commissioner
Represented By: Deborah B. Weissbard
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