Jonathan Perfetto v. Warden, New Hampshire State Prison for Men

2025 DNH 023

• Court: District Court, D. New Hampshire
• Decided: February 25, 2025
• Docket: 16-cv-473-SM
• Status: Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Jonathan Perfetto

v. Case No. 16-cv-473-SM Opinion No. 2025 DNH 023 Warden, New Hampshire State Prison for Men

O R D E R

Jonathan Perfetto, who is a prisoner at the New Hampshire

State Prison for Men, brought a petition for a writ of habeas

corpus pursuant to 28 U.S.C. § 2254, challenging his conviction

and sentence entered in December of 2011, on five counts of

possession of child sexual abuse images and seven counts of

failing to comply with sex offender registration and/or

reporting requirements. See State v. Perfetto, No. 216-2011-CR-

00107 (N.H. Super. Ct., Hillsborough Cty., N. Dist.). After the

Warden moved to dismiss, counsel was appointed to represent

Perfetto in this case. The court granted the motion to dismiss

because the petition was untimely, and judgment was entered on

March 28, 2019. Doc. nos. 57 & 58. Perfetto’s post judgment

motions were denied, and his appeal seeking a certificate of

appealability was denied by the First Circuit Court of Appeals.

Doc. nos. 10, 105, 110, 115, & 121.

Perfetto filed three motions to compel the attorneys who

represented him to provide him with copies of records and

documents from the case because his copies were destroyed by the prison. Doc. nos. 116, 117, & 122. Judgment has been entered

in this case, and Perfetto’s appeal is concluded. There is no

basis for the court to order counsel to produce documents or

records. Perfetto may, if he chooses, write to counsel to

request copies from his files under New Hampshire Bar

Association guidelines.

Conclusion

For the foregoing reasons, the petitioner’s motions to

require counsel to produce records and documents (doc. nos. 116,

117, & 122) are denied.

SO ORDERED.

______________________________ Steven J. McAuliffe United States District Judge

February 25, 2025

cc: Jonathan Perfetto, pro se Counsel of Record