Summary
A United States magistrate judge recommends dismissal of Richard W. Porter's amended pro se complaint under 28 U.S.C. § 1915(e)(2). The report concludes that the complaint fails to state a claim for relief against the named defendants and, alternatively, that venue is improper in the District of New Hampshire because the defendants and alleged events are connected to Massachusetts. The recommendation is dated March 20, 2026, and permits objections within fourteen days.
Holdings
- The amended complaint failed to state a claim because it alleged no facts concerning Framingham or Wilmington, identified the alleged home-break-in perpetrator who was not a defendant, and supported the false-arrest allegation only with a conclusory assertion.
- Venue was improper in the District of New Hampshire because neither the defendants nor the events underlying the complaint had a connection to New Hampshire.
Questions Presented
- Whether the amended complaint stated a claim for relief against the named defendants.
- Whether venue was proper in the District of New Hampshire.
- Whether the case should be dismissed on preliminary review under 28 U.S.C. § 1915(e)(2).
Disposition
other
Cases Cited (7)
- Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Ocasio-Hernández v. Fortuño-Burset, 640 F.3d 1, 12 (1st Cir. 2011)(followed)
- Hart v. Rowe, No. 20-cv-417-LM, 2021 WL 1581781, at *1 (D.N.H. Mar. 5, 2021), R&R adopted, 2021 WL 1581013 (D.N.H. Apr. 22, 2021)(followed)
- Wilkinson v. Secretary, Florida Department of Corrections, 622 F. App'x 805, 808-09 (11th Cir. 2015)(followed)
- School Union No. 37 v. United National Insurance Co., 617 F.3d 554, 564 (1st Cir. 2010)(followed)
- Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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