Gebo v. Thyng

Filing 15

ORDER Directing Clerk to make service on NH Office of Attorney General as provided in the Agreement on Acceptance of Service. Defendant to answer within 20 days of acceptance of service. So Ordered by Magistrate Judge Landya B. McCafferty. (dae)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
John W. Gebo
v.

Civil No. 11-cv-047-JD

Robert Thyng
O R D E R
John Gebo, prisoner proceeding pro se, has filed this civil
rights action (doc. no. 1), pursuant to 42 U.S.C. § 1983,
alleging violations of his Eighth and Fourteenth Amendment
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 for the District of New
Hampshire Local Rule (“LR”) 4.3(d)(2).
As fully explained in a report and recommendation issued
simultaneously with this order, the court finds that Gebo has
stated an Eighth Amendment claim upon which relief might be
granted alleging that defendant Robert Thyng failed to protect
him from a serious risk of harm.

The court also recommended

that a claim alleging a due process violation be dismissed.

As

Gebo has stated a claim upon which relief might be granted, the
court now directs that the complaint (doc. no. 1) be served on
defendant Thyng.
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The Clerk=s office is directed to serve the New Hampshire
Office of the Attorney General (AAG@), as provided in the
Agreement on Acceptance of Service, copies of this Order and the
complaint (document no. 1).

See LR 4.3(d)(2)(C).

Within thirty

days from receipt of these materials, the AG will submit an
Acceptance of Service notice to the court specifying whether the
defendant has authorized the AG=s office to receive service on
his behalf.

When the Acceptance of Service is filed, service

will be deemed made on the last day of the thirty-day period.
If the defendant does not authorize the AG=s office to receive
service on his behalf, or the AG declines to represent him, the
AG shall, within thirty days from receipt of the aforementioned
materials, provide the last known address of the defendant.

The

Clerk=s office is instructed to complete service on the defendant
by preparing and issuing a summons for the defendant and
forwarding the complaint (document no. 1) and this Order, to the
United States Marshal=s Office to effect service pursuant to Fed.
R. Civ. P. 4 and 28 U.S.C. ' 1915(d).
Defendant is instructed to answer or otherwise plead within
twenty days of acceptance of service.

See Fed. R. Civ. P.

12(a)(1)(A).
Plaintiff is instructed that all future pleadings, written
motions, notices, or similar papers shall be served directly on

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the defendant by delivering or mailing the materials to him or
his attorney, pursuant to Fed. R. Civ. P. 5(b).
SO ORDERED.

__________________________________
Landya B. McCafferty
United States Magistrate Judge
Date:
cc:

August 2, 2011

John W. Gebo, pro se

LBM:jba

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