Picard v. Nashua Police Department et al

Filing 7

ORDER Directing US Marshal to Make Service upon defendants Treem and Garneaus. Signed by Magistrate Judge James R. Muirhead. (jab)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Warren Picard v. Nashua Police Department, et al. ORDER Civil No. 09-cv-025-SM

Before the Court is Warren Picard's complaint (document no. 1), filed pursuant to 42 U.S.C. § 1983, alleging that defendants violated his federal constitutional rights. The matter is before

me for preliminary review to determine, among other things, whether the complaint states any claim upon which relief might be granted. See 28 U.S.C. § 1915A(a); United States District Court

District of New Hampshire Local Rule 4.3(d)(2). As fully explained in my Report and Recommendation, issued simultaneously with this Order, I find that Picard has stated federal constitutional claims upon which relief might be granted against defendants Treem and Garneaus alleging excessive force and inadequate medical care. Accordingly, I order that the My review of the file

complaint be served on defendants.

indicates that Picard has filed summons forms for each of the

defendants to be served.

The Clerk's office shall issue the

summonses against defendants and forward to the United States Marshal for the District of New Hampshire (the "U.S. Marshal's office") the summonses and copies of the complaint (document no. 1), the Report and Recommendation, and this Order. Upon receipt

of the necessary documentation, the U.S. Marshal's office shall effect service upon defendants. See Fed. R. Civ. P. 4(c)(2).

Defendants are instructed to answer or otherwise plead within twenty days of service. See Fed. R. Civ. P. 12(a)(1)(A).

Picard is instructed that all future pleadings, written motions, notices, or similar papers shall be served directly on the defendants by delivering or mailing the materials to them or their attorney(s), pursuant to Fed. R. Civ. P. 5(b). SO ORDERED.

________________________________ James R. Muirhead United States Magistrate Judge Date: cc: April 20, 2009 Warren Picard, pro se

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