Oughman v. Hillsborough County Department of Corrections, Superintendent

Filing 15

ORDER Directing US Marshal to Make Service. The Clerk's office is directed to forward a blank summons form to plaintiff, who must complete and return the summons form for defendant Scurry. The Clerk's office will issu e the summons and forward to US Marshal's Service with copies of the complaint (doc nos. 1, 3, 7 and 10), the Reports and Recommendations (doc. nos. 5 and 14), Order (doc. no. 6) and this order for service. So Ordered by Magistrate Judge Landya B. McCafferty.(jab)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Mohamed Ouahman
v.

Civil No. 11-cv-075-SM

James O’Mara, Superintendent,
Hillsborough County Department
of Corrections et al.
O R D E R
Mohamed Ouahman filed an initial complaint (doc. no. 1) on
February 22, 2011, and an addendum to the complaint (doc. no. 3)
on April 27, 2011.1

The court then conducted a preliminary

review of this matter pursuant to 28 U.S.C. § 1915A(a) and Local
Rule 4.3(d)(2).

After preliminary review, the court, on August

29, 2011, issued an order (doc. no. 6) directing service of one
claim, alleging unconstitutionally restrictive conditions of
confinement, on one defendant, Hillsborough County Department of
Corrections (“HCDC”) Sgt. Sydney Barnes.

On that date, the

court also directed Ouahman to amend his complaint to name
defendants to certain claims and to state what each defendant
did or failed to do to violate Ouahman’s rights.

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The complaint (doc. no. 1) and addendum (doc. no. 3) were
construed, in the court’s August 29, 2011, Report and
Recommendation (doc. no. 5) to comprise, in the aggregate, the
complaint in this matter.

Presently before the court is Ouahman’s motion to amend the
complaint (doc. no. 7) and an addendum thereto (doc. no. 10).
These documents identify additional defendants to the claims
previously raised.

The documents also seek to add new claims to

this action.
Motion to Amend
Ouahman filed his motion to amend (doc. no. 7) on September
7, 2007, and an addendum thereto (doc. no. 10) on September 27,
2011.

Barnes has objected to the motion to amend (doc. no. 13).

A plaintiff has a right to amend his complaint within twenty-one
days after an answer is filed.

Fed. R. Civ. P. 15(a)(1)(B).

Because Ouahman’s motion to amend (doc. no. 7) and addendum
(doc. no. 10) were filed prior to the filing of Barnes’s answer
(doc. no. 13), and because the motion to amend was filed
pursuant to this court’s August 29 Order (doc. no. 6), the
motion to amend (doc. no. 7) is GRANTED.
10) is accepted.

The addendum (doc. no.

Both the motion to amend and the addendum will

be considered to be part of the complaint in this matter for all
purposes.
Service of Claims
I.

Barnes
The initial complaint and addendum (doc. nos. 1 and 3) have

already been served on one defendant to this action, Sgt. Sydney

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Barnes, (doc. no. 9).

Barnes filed his answer to the initial

complaint on October 5, 2011 (doc. no. 11).
In a Report and Recommendation issued simultaneously with
this Order, the court has found that Ouahman has stated
additional claims against Barnes asserting violations of the
Religious Land Use and Institutionalized Persons Act, 42 U.S.C.
§ 2000cc, et seq. (“RLUIPA”), and the Free Exercise Clause, for
denying Ouahman a Qur’an.

Although Barnes need not be served

with the complaint again, Barnes will be given twenty-one days
to respond to the additional claims asserted against him in the
newly filed addenda to the complaint (doc. nos. 7 and 10).
II.

Scurry
As discussed in the Report and Recommendation issued this

date, Ouahman has stated cognizable claims against HCDC Lt.
Scurry under RLUIPA and the Free Exercise Clause, alleging that
he was denied a Qur’an, a prayer rug, and the opportunity to
observe Ramadan.

Accordingly, the court directs service of

these claims on Scurry.
Ouahman has not provided a summons form for defendant
Scurry.

The Clerk’s office is directed to forward a blank

summons form to Ouahman.

Ouahman must, with ten days of

receiving the blank summons form, complete the summons form for
Scurry, and return it to the Clerk’s office.

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Upon receipt of

the completed summons form, the Clerk’s office is directed to
issue the summons and forward to the United States Marshal for
the District of New Hampshire (the “U.S. Marshal’s office”): the
summons; copies of the complaint (doc. nos. 1, 3, 7, and 10);
the Report and Recommendation issued August 29, 2011 (doc. no.
5); the Order issued August 29, 2011 (doc. no. 6); the Report
and Recommendation issued this date; and this Order.

Upon

receipt of the necessary documentation, the U.S. Marshal’s
office shall effect service upon defendant Scurry.

See Fed. R.

Civ. P. 4(c)(3).
Defendant Scurry is instructed to answer or otherwise plead
within twenty-one days of service.

See Fed. R. Civ. P.

12(a)(1)(A).
Ouahman is instructed that all future pleadings, written
motions, notices, or similar papers shall be served directly on
the defendant by delivering or mailing the materials to him or
his attorney(s), pursuant to Fed. R. Civ. P. 5(b).
SO ORDERED.

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

October 25, 2011

Mohamed Ouahman, pro se
John A. Curran, Esq.

LBM:jba

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