Podkulski v. Doe et al

Filing 14

ORDER Directing US Marshal to make service as outlined as to Sergeant Gordon and Officer Barbara. Defendants to answer within 21 days of service. Plaintiff granted leave to amend compliant within 60 days of the date of this Order; failure to amend may result in a recommendation that the court dismiss claims. So Ordered by Magistrate Judge Landya B. McCafferty.(dae)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Steve Podkulski
v.

Civil No. 11-cv-102-JL

Jane Doe et al.

O R D E R
Before the court is pro se plaintiff Steve Podkulski’s
complaint (doc. no. 1), which asserts claims against officers
and supervisors at the Hillsborough County Department of
Corrections (“HCDC”), including Superintendent James O’Mara; six
HCDC John and Jane Doe officers and sergeants; HCDC Lt.
Robinson, first name unknown (“FNU”); HCDC Officer FNU Barbara;
HCDC Officer FNU Hujsak; and HCDC Sgt. FNU Gordon.

The matter

is before the court for preliminary review to determine if
Podkulski has stated a claim upon which relief can be granted.
See 28 U.S.C. § 1915A; United States District Court, District of
New Hampshire Local Rule (“LR”) 4.3(d)(2) (inmate complaints and
amendments are forwarded to the magistrate judge for preliminary
review).
For reasons stated in the Report and Recommendation issued
on this date, the court orders service of the excessive force

and retaliation claims against Officer FNU Barbara and Sgt. FNU
Gordon in their individual capacities.
In addition, the court has determined that Podkulski has
stated plausible claims against: (1) a John Doe officer and Jane
Doe sergeant who ordered Podkulski to sleep on the top bunk on
November 17, 2010; and (2) any presently unnamed officer who
refused to clean up human waste in Podkulski’s cell from
November 21 through November 24, 2010.

If Podkulski files a

proposed complaint amendment within 60 days of the date of this
Order, providing the names of the presently unnamed officers
allegedly liable for these actions, which specifically describes
all facts relating to their conduct that Podkulski believes
renders them liable, the court will review the proposed
amendment and may direct service of the complaint or recommend
dismissal of those claims, as necessary.
Conclusion
The court issues the following Order:
1.

Podkulski is granted leave, within 60 days of the date

of this Order, to file a proposed complaint amendment:
A.

Naming the HCDC officers who Podkulski believes

are liable for ordering him to sleep on the top bunk on

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November 17, 2010, after Podkulski told them that he was
prone to seizures; and
B.

Naming all HCDC officers who Podkulski believes

are liable for refusing his request to clean up feces and
urine in his cell from November 21 through November 24,
2010.
2.

In the proposed complaint amendment to be filed within

60 days of the date of this Order, Podkulski shall state with
specificity the facts that demonstrate how each officer named
therein is allegedly liable to Podkulski on those claims.
Podkulski’s failure to file an amendment as directed may result
in a recommendation that the court dismiss those claims.
3.

The clerk’s office is directed to prepare and issue

summonses for HCDC Sergeant Gordon and HCDC Officer Barbara, at
the Hillsborough County House of Corrections, 445 Willow Street,
Manchester NH.

The clerk’s office shall forward to the United

States Marshal for the District of New Hampshire (the “U.S.
Marshal’s office”): the summonses; the complaint (doc. no. 1);
the Report and Recommendation issued on this date; and this
Order.

Upon receipt of the necessary documentation, the U.S.

Marshal’s office shall serve process on each defendant.
Fed. R. Civ. P. 4(c)(3).

See

Defendants are instructed to answer or

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otherwise plead within twenty-one days of service.

See Fed. R.

Civ. P. 12(a)(1)(A).
4.

Podkulski is instructed that all future pleadings,

written motions, notices, or similar papers shall be served
directly on defendants by delivering or mailing the materials to
them or their attorney(s), pursuant to Fed. R. Civ. P. 5(b).
SO ORDERED.
_______________________________
Landya McCafferty
United States Magistrate Judge
December 20, 2011
cc:

Steve Podkulski, pro se

LBM:nmd

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