Podkulski v. Doe et al

Filing 80

ORDER Directing Clerks Office to forward service documents to the US Marshal to Make Service on Sgt. Joshua Jordan. So Ordered by Magistrate Judge Landya B. McCafferty.(cmp)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Steve Podkulski
v.

Civil No. 11-cv-102-JL

Kristin Balles et al.1

O R D E R
Before the court is pro se plaintiff Steve Podkulski’s
motion to amend the complaint (doc. no. 69) and proposed third
amended complaint (doc. no. 73).

On June 18, 2013, this court

issued a report and recommendation (“June 18 R&R”), recommending
that the motion be granted in part and denied in part.

The

district judge, on August 6, 2013, referred an objection to the
June 18 R&R to the magistrate judge for consideration as to
whether it affected the recommendations and proposed findings
set forth in the June 18 R&R.
1

Defendants who have been served in this action are the
following current or former Hillsborough County House of
Corrections (“HCHC”) officers: Sgts. Kristin Balles and Todd
Gordon, Corrections Officer (“C.O.”) Jason Barbera, former C.O.
Ryan Donovan, a “John Doe” sergeant, and a “John Doe”
corrections officer. In the proposed third amended complaint
(doc. no. 73), Podkulski substitutes Sgt. Joshua Jordon for the
“John Doe” defendant sergeant and HCHC C.O. Brian Turcotte for
the “John Doe” defendant officer, in Claims 2(a) and 1(b),
respectively.

For reasons set forth in the report and recommendation
issued on this date (“August 2013 R&R”), this court hereby
vacates the June 18 R&R, substitutes therefore the August 2013
R&R, and directs service of process upon Hillsborough County
House of Corrections (“HCHC”) Sgt. Joshua Jordan.
The clerk’s office shall complete and issue a summons for
Sgt. Joshua Jordan, using the HCHC’s address for service, 445
Willow St., Manchester, NH 03103.

The clerk’s office shall

forward to the United States Marshal for the District of New
Hampshire (“U.S. Marshal’s office”): the summons; the second
amended complaint (doc. no. 36); the October 11, 2012, report
and recommendation (doc. no. 46); the November 23, 2012, order
(doc. no. 56); plaintiff’s motion to amend (doc. no. 69); the
Third Amended Complaint (doc. no. 73); plaintiff’s Objection
(doc. no. 78); the August 2013 R&R; and this order.

Upon

receipt of the necessary documentation, the U.S. Marshal’s
office shall serve Jordan, pursuant to Fed. R. Civ. P. 4(c)(3)
and 4(e).
Jordan shall answer or otherwise plead in response to the
Third Amended Complaint (doc. no. 73), and to the factual
allegations relating to Claims 1-3, as identified in the August
2013 R&R, within twenty-one days of service.

2

The remaining defendants have already responded to the
Third Amended Complaint.

Those defendants may file a further

response, if any, to the Third Amended Complaint within fourteen
days of the date of this order, addressing only those claims
affected by the August 2013 R&R.
SO ORDERED.

__________________________
Landya McCafferty
United States Magistrate Judge
August 14, 2013
cc:

Steve Podkulski, pro se
John Curran, Esq.

LBM:nmd

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