Picard v. Hillsborough County Department of Corrections, Medical Department et al

Filing 3

ORDER: Plaintiff has filed two complaint documents that, because they were filed together, were filed as a single action in 1:09-cv-259-PB. Upon review of the file, it is readily apparent that Picard intended to file two action s. The Clerk's Office is order to: Open a new case for the second action, the complaint for which is comprised of pages 15-21 of doc. no. 1 in 1:09-cv-259-PB; in the newly opened case, docket the in forma pauperis, filings and orders thereon th at have previously been filed in the first case; docket copy of this order in the newly opened case; forward new case, once opened, immediately to the undersigned for preliminary review. Signed by Magistrate Judge James R. Muirhead. (jeb)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Warren Picard v. James O'Mara, Superintendent, Hillsborough County Department of Corrections, et al. ORDER Civil No. 09-cv-259-PB

Warren Picard has filed two complaint documents that, because they were filed together, were filed as a single action. Upon review of the file, it is readily apparent that Picard intended to file two actions. The first action is against James

O'Mara, Superintendent of the Hillsborough County Department of Corrections ("HCDOC"), and HCDOC Corrections Officers Baldwin, Dornall, Dusenbaum, and Robinson. In that action, plaintiff

alleges that these defendants harassed him and subjected him to inhumane conditions of confinement in retaliation for law suits plaintiff previously filed against O'Mara and other HCDOC employees. The complaint in this first action is located, in the

above-numbered docket, at pages 1 - 14 of document no. 1.

The second action is against the HCDOC medical department and several HCDOC Medical Department employees. This second

action is entirely unrelated to the first action, and alleges that the defendant medical department employees were deliberately indifferent to Picard's serious medical needs, in violation of the Eighth Amendment, when they refused to address his significant weight loss during his incarceration. The complaint

in this second action is located, in the above-numbered docket, at pages 15-21 of document no. 1. Relying on Picard's in forma pauperis request and documentation filed in the above-numbered case, in forma pauperis status is granted in the new case. As in the above-numbered

case, the Court waives the filing fee in the case to be opened pursuant to this Order. The Clerk's Office is directed to open a second case. The

case that is already opened, Civ. No. 09-259-PB, will be the action set forth in pages 1 - 14 of document no. 1. new case, I order the Clerk's Office to: 1. Open a new case, the complaint for which is comprised of As to the

pages 15-21 of the document docketed as document no. 1 in the above-numbered action.

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2.

In the newly opened case, docket the in forma pauperis

motion, filings, and orders thereon that have previously been filed in the first case as document no. 2 and the endorsed order thereon. 3. 4. Docket a copy of this Order in the newly opened case. Forward the second case, once opened, immediately to the

undersigned for preliminary review. SO ORDERED. ____________________________________ James R. Muirhead United States Magistrate Judge Date: cc: JM:jba August 7, 2009 Warren Picard, pro se

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